A legal heir certificate identifies the rightful successors of the properties of a deceased individual in case of a will. It allows the identified legal heirs to claim the assets or properties of the deceased. All the eligible heirs need this certificate to claim their rights over the estate of the deceased.It is very important that whatever kind of legal heir certificate issued anywhere in India, often known as Varis certificate, declares the right heir to that deceased person. If such a document was not available, nothing left by him would have been transferred to the next rightful successor in property, bank accounts, insurance claims, or other financial or legal matters. With the advancement of e-governance, the procedure to obtain a legal heir certificate online is easier for most states of India. You shall find this guide an easy read on the procedures, requirements, and how to apply for a legal heir certificate online.
Eligibility Criteria to Apply for Legal Heir Certificate in India
According to the Indian Law, the applicants who can apply for the legal heir certificate are as follows:
- Parents of the deceased.
- Eligible son or daughter of the deceased.
- Spouse of the deceased.
- Children of the deceased; son or daughter.
- Surviving husband or wife of the deceased.
- Legally adopted sons and daughters
- Brother or sister in the absence of immediate family members.
- In certain cases, legal guardians of minors can apply.
What are the Details of a Legal Heir Certificate?
A Legal Heir Certificate contains the following details:
- Name and address of the deceased person
- Date of death of the deceased person
- Details of the legal heirs with their names, addresses, and their relation with the deceased
- Details of the issuing authority along with his signature
- Date of issue of the certificate
Process to Obtain Legal Heir Certificate in India
The following is the procedure which has to be followed in order to get the legal heir certificate:
- The legal heir of the person who is deceased has to physically visit that place district court
- Then request for the application form for obtaining the legal heir certificate in India
- Relevant information has to be filled in that application form correctly.
- Then attach all the required documents with the form
- One has to provide self declaration with the form
- They inspect the application on this stage
- Once their inquiry is completed they will issue a legal Heir Certificate.
Why Should One Obtain Legal Heir Certificate in India?
The legal heir certificate is really helpful in the following incidences:
- Distribution of properties and estates of the deceased and intimation thereof to his legal heirs.
- Claims under a life insurance policy.
- Sanction of family pension of a Government servant on his death and its recovery.
- Recovery of Govt. dues from Provident fund, Gratuity, etc.
- Recovery of Salary Arrears from the deceased officials of State and Central Governments.
- Employment on Compassionate ground.
- Apart from that sale or purchase of property if there is no will left behind the buyer must get the legal heir certificate to check rightful ownership.
- There are many occasions wherein there are several heirs of a property that belonged to a single family; that way, all the heirs would be required to put their signatures on the conveyance deed so as to not have disputes.
Document Required to Get Legal Heir Certification in India
The following documents would be required to issue the certificate of legal heir online in India:
- Application form containing identification of Applicant and his address properly filled up and signed.
- Death certificate of deceased person.
- Proof of date of birth of each legal heir.
- Self-undertaking affidavit.
- Details regarding proof of address of deceased person.
- The voter id, aadhar card, driving license, passport or any sort of government issued identification card to be able to show which will be the proof that the applicant may produce during his application.
- In case of legal heirs, their address proof can include: valid identification document; or a telephone/mobile bill and/or a gas bill/ bank passbook, carrying the name and the address of the heir.
- Documentary evidence of the heirs, which may be in the form of a birth certificate, school transfer/leaving certificate, PAN card, or a passport, etc.
Legal Heir Certificate vs Succession Certificate
Some of the key differences between the legal heir certificate and succession certificate are given below:
- The primary objective of the legal heir certificate is, when government servants are deceased, family pension clearances, for appointments even. It also facilitates the procedure of the transfer of both movable and immovable assets.
- Succession certificates are a legal document that is generally available in case of the inheritance of unremoved and or not removed property except and aside from the laws of available property such as the Hindu Succession Act or the Indian Succession Act.
- Legal heirs certificates are issued by the Tahsildar of the district who provides for the legal heirs of the deceased person, whereas a certificate of succession is usually issued to the legal heirs by the court.
- For example: For a succession certificate, a lawyer takes 3% of the total value of the property. For a legal heir certificate, just Rs.2 stamp for stamp and Rs.20 stamp for affidavit stamp paper are required instead.
- Both are for different purposes but for the winding up of the estate of a deceased person. The succession certificate is applied generally by the legal heirs of the deceased in the case that he had died without leaving behind a will-or to put it more precisely in this context- had left behind a will that excluded them.
Legal Heir to File Income Tax Returns: Process
Here is the procedure to be followed in attaching the legal heir to file the income tax returns:
- Need to visit Income Tax Department Official website
- Do registration and login to the account
- Click on 'My Account'
- Next, click on 'New Request'
- Next, click on 'Register Yourself'
- Next, click on the estate of the deceased
- Next, provide name of the estate, incorporation date, and the PAN of the deceased
- Upload documents accordingly.
- Click 'Submit' and do the rest of the process
Conclusion
It is not very difficult to acquire a Legal Heir Certificate online if you have all your papers and follow the procedure defined. The online process would save time and effort for people because the people could sit in their house and file their applications. If you provide proper details along with uploading all the necessary documents, then you'll be having your approval in the very nick of time. This certificate will be very helpful to deal with legal and monetary transitions after losing those beloved people.
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