Legal Heir is commonly used to refer to a person who succeeds to the property of deceased person under a will or as per the succession law. In other words when a person dies without intestate in legal terms or will. The appropriate succession laws come into effect for the transfer of assets held by the person to legal heirs. As per the constitution in case of the death of a person, a legal document that helps in ascertaining who the next holder is.
If a Hindu man leaves behind property without a will it is passed on primarily to its widow, children and mother. If there aren’t any widow, children and mother then father, grandchildren, great grandchildren, brother, sister and other relatives can claim the property.
In case of owner is Hindu woman, assets get passed on to her either husband or her children. If none of them are present it will go to her parents.
A legal heir is a surviving family member under Indian laws, the following may be considered to be legal heir –
- Spouse of the deceased.
- Daughter of the deceased
- Son of the deceased.
- Father of the deceased.
- Mother of the deceased
Legal Heir Certificate
Interested legal heir can avail filing an application before the Municipal Corporation or before Tehshildar. Such application need the names and details of the legal heirs of the deceased.
Procedure to obtain Legal Heir Certificate
To obtain a Legal Heir Certificate you must follow the steps as hereunder: –
- Approach to MCD or Taluk office -The applicant has to visit the Tehshildare or Taluk office. One can also approach to District Civil Court through a lawyer for obtaining this certificate.
- Receive the application form – An applicant has to fill the basic details on the application form that is available at the concerned Tehshildar officer.
- Attachment of basic documents- When all the basic details are entered in the application form the applicant will have to attach all mandatory documents along with the application form.
- Affixing Stamp- The applicant will have to affix a stamp of the Rs. 2 in the application form.
- Submission of the application – After following all above steps applicant has to furnish the application form to the authorized officer in the Tehshildar office.
- Process of Verification- After submitting the application form the applicant is verified by the village Administrative officer as well as revenue inspector.
- Issuance of the Certificate- After completing all above process the certificate will be issued by the concern authority. Commonly it takes 30 days. If there is an urgency and concern authority fails to respond you under time-line then you can approach to the Revenue Division Officer (RDO).
Required Documents for a Legal Hair Certificate
Following documents are required along with the application form: –
- An application form duly signed and having filled with all requested details.
- Identity and address proof of the applicant such as Voter Id, Aadhar Card, Driving License, Passport etc.
- A self-undertaking affidavit.
- Death Certificate of the deceased.
- Address proof of the deceased
- Birth proof of the Legal Heirs.
Use of Legal Heir Certificate
Legal Heir Certificate is used for claiming the assets/ Properties of the deceased Person legally. For claiming insurance, for sanctioning and processing family pension of the deceased employee.
Legal Heir Certificate is required for the following Purpose-
- For claiming properties and assets of the demised person to his successors.
- For claiming insurance.
- To receive dues of Provident Fund, Gratuity from the government.
- To receive salary arrears of the deceased in case of government employee.
- To gain employment based compassionate.
For sanctioning Family Pension of the deceased employee.