How to Get a Legal Heir Certificate After a Family Member’s Demise: –

A legal heir certificate is necessary for transferring the deceased’s assets to their legal heir or heirs. The heir or heirs get the right over the deceased person’s property and dues. The certificate also serves as the establishment of the relationship between the heir and the deceased member.

A legal heir certificate is merely needed when the person leaves no will. This is usually in the case of sudden or unexpected deaths. It can be revoked later if there is an objection concerning it being granted. Before understanding how to get a legal heir certificate, one must understand why it is needed.  

This certificate is needed for: –

  • The deceased person’s properties, assets, etc., will be transferred to the successors.
  • Insurance to be claimed
  • Dues like PF (Provident Fund), gratuity, etc. to be received from the government
  • Salary Arrears (payment that is meant to compensate for salaries that should have been paid) to be received if the demised person was an employee of the State or Central Government
  • Family pension of the person to be sanctioned and pensioned
  • Government job to be assigned on compassionate grounds
  • Tax returns are to be filed on behalf of the deceased person.

These are some tasks that need a legal heir certificate. For these purposes, people eligible to apply for a legal heir certificate include the deceased person’s parents, children, spouse, and siblings. The person filing for a legal heir certificate must mention all other legal heirs’ names (in the application form).

The steps to be taken for getting a legal heir certificate: –

  1. After obtaining a death certificate, the successors can approach the district court to apply for a legal heir certificate. This must be filled out correctly and signed.
  • The documents needed, like the death certificate, must be attached to the application.
  • The application has to be submitted to the concerned authority along with an affidavit (on stamp paper) or self-declaration.
  • An administrative official will conduct an inspection followed by an inquiry.
  • The officials will submit a report in the prescribed form after verification.
  • After successful completion of the inquiry, an authorized officer issues the certificate.

The time taken to complete the entire process is approximately one month (30 days). Generally, lawyers can help you with this process.

The documents required for acquiring a legal heir certificate differ depending on the relationship between the deceased person and the applicant. However, the applicant’s death certificate and ID proof (can be an Aadhaar card, a passport, voter ID, etc.) are commonly mandatory.

What are the details that need to be provided in the application form?

  • Generally, the application form for a legal heir certificate begins with details of the letter, like the letter number, date of the letter, the designation of the authority issuing the application, etc.
  • This is followed by details of the applicant to be filled, like the name, relation with the deceased, gender, date of birth, contact information, etc., and is followed by the applicant’s address.
  • Next, the details of the deceased need to be filled out, including the name, designation, gender, marital status, religion, etc., and the next section includes the deceased person’s address.
  • Then, the applicant must fill out the details of directly related legal heir/s and indirectly related legal heir/s.
  • This is followed by self-undertaking and a designated space for attaching a passport-size photograph.  
  • Lastly, there is a checklist of the documents required and undertaking from an authority.

So, while applying for a legal heir certificate, one must ensure that the details are filled out correctly and attach all the necessary documents to receive the certificate in a month (approximately).

By jamesmonica839

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