WHAT WILL BE THE PROCEDURE FOR OBTAINING LEGAL HEIR CERTIFICATE?

Dated: 2021-09-18 12:00:37

After the demise of my father, someone suggested me to obtain a legal heir certificate but I am not well versed with the proper procedure, nor do I know who has the right to obtain this certificate. Please help me in this regard.

Answers by Lawyers

What is a Legal Heir Certificate?

After the demise of the head of a family or of any family member, in that case the legal heir of that person can apply for the Legal Heir Certificate.

This Certificate is for the most part required for the beneficiaries of a serving or retired employee, who passed away. On the off chance of death of that retired person, family pension advantages will go to legitimate heirs. Generally, any levy to a man from government or nearby bodies will be paid to lawful heirs on the death of the individual. Such advantages to legitimate heirs includes provident fund, pension, gratitude etc.

 

How to obtain Legal Heir Certificate?

Legal Heir Certificate commonly indicates the names, ages, relationship with the deceased and marital status of all surviving family members. For getting Legal Heir Certificate, most importantly a death certificate is needed as an evidence of death. This death certificate is issued by the Major Panchayat/Municipality/Corporation/RO of Mandal where the death happened.

Legal Heir Certificate can be claimed by Wife/Husband/Son/Daughter/Mother of the deceased unlike Succession Certificate which can only be received by the Legal Heirs of the deceased.

 

Procedure:

Legal Heir Certificate can be obtained easily without much trouble from the District Tehsildar Office for the individual whose parent/husband/wife died without making a will. It is basically issued to form a relationship for claims related to pension, insurance, administrative/service advantages, retirement benefits of the State and Central Government Offices, government works etc. and to get occupation like compassionate appointments.

 

  • The individual applying for Legal Heir Certificate needs to approach the District Tehsildar Office along with the death certificate of the deceased. 
  • There, he needs to produce a form. 
  • Apart from this, he/she also have to  make an application as well as the individual needs to fill up an application form and while filling the form, he must ensure that all the information provided by the him/her is correct and complete.
  • It is also required that the person lodging the application should be well versed with all the required information and necessary documents required in the process.
  • It is likewise required to affix a Court Fee Stamp (INR 2) on the application form and SC/ST are exempted from this fee.

 

Documents to be attached along with the application:

  • Name of the deceased
  • Original Death certificate
  • Service Certificate issued by the head of the department/office in case of serving employee
  • Ration card and Aadhar card
  • Pensioner payment slip issued by the office of Accountant General in case of pensioner
  • Family members names and relationship
  • Applicant’s signature
  • Date of application
  • Residential address
  • An affidavit worth Rs 20 on a stamp paper

 

After filling the form with all the vital points of detail and attaching all the documents thereto, the form has to be submitted to Taluk’s Tehsildar. The person can then obtain the Legal Heir Certificate from the Taluk/Tehsildar or District Civil Court of his/her region.

After the submission of form, a verification will take place in the form of an inquiry done by the local revenue officers as well as village administrative officials. Generally, a statement by the administrative/government employee who is believed to be knowing the dead person and his/her family will be registered in the application form. After the verification, the authorities will submit their report in the prescribed form.

After the due inquiry, in light of the report submitted by the revenue officer and village administrative officials, the certificate will be issued by the competent authority in which names of all the legal heirs will be specifically mentioned.

An important point to note here is that the whole procedure starting from processing the information to the certificate issuance, will take around 15-30 days.

Minal B Khona
Can I register a complaint in consumer court in India without a lawyer?
Can I register a complaint in consumer court in India without a lawyer?
What to do when Police refuses to register your FIR?
Police has refused to register my FIR. I have approached the higher authorities of police, but no action is taken. Plz advise.
What are some basic things I should know about acquring Indian Citizenship before acquiring the same.
A friend of mine wants to acquire Indian Citizenship. Could you just provide us an outline of the Indian Citizenship.
WHAT WILL BE THE PROCEDURE FOR OBTAINING LEGAL HEIR CERTIFICATE?
After the demise of my father, someone suggested me to obtain a legal heir certificate but I am not well versed with the proper procedure, nor do I know who has the right to obtain this certificate. Please help me in this regard.
What are the grounds avaliable for me to seek a divorce
My wife is not ready for a divorce by mutual consent. She is also not residing in the house. Can it be a ground to seek a divorce.

Disclaimer

The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at GetLaw.in and has been responded by one of the Child Custody Lawyers at GetLaw.in to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at GetLaw.in or book a Detailed Consultation with a Lawyerserser of your choice to address your query in detail.