Legal Heir Certificate Online In India: A legal heir is a document issued by the government when a family member dies, and their property passes to their legal heirs. The heir of the deceased person will have to apply for the legal heir certificate online in India so that the assets of the dead can be passed to them. This certificate is very important to establish a relationship between the legal heir and the deceased person.
People can obtain legal heir certificates online in India and be safe from any hassle but they have to remember while receiving the heir certificate, the death certificate of the deceased person is essential to submit.
Documents Required For Legal Heir Certificate Online In India
Below are the documents that should be attached to the application form to get a legal heir certificate online in India:-
- The death certificate of the dead person
- Identity proof of the deceased person and also of the person obtaining a legal heir certificate.
- The application form with the stamp.
- The resident proof of the deceased person and also of the person getting a heir certificate.
The Difference Between A Legal Heir Certificate And A Succession Certificate
Many people mistakenly believe that legal heirs and succession certificates are the same, but they aren’t. Below are some of the differences that everyone should be aware of:-
- If the deceased person works for the government then they will issue a legal heir certificate to receive the family pension, loans, insurance, etc. While the succession certificate works when a property is obtained by a person.
- The heir certificate is issued by the Tahsildar of the district while the succession certificate is received from the court to the legal heir.
- Legal heir certificate will charge Rs. 2 for the stamp and Rs. 20 for the affidavit application while the succession certificate charges 3% of the total property.
Sample Format Of Legal Heir Certificate
Fully satisfied with my right and title of the assets and the amount to be paid to the late Mr./Mrs. ____ should be paid to the person mentioned below and are the rightful heirs of the deceased person.
Name of the heir and their relationship with the deceased person.
Date when the letter will be submitted
Signature of the head department office
Uses of a legal heir certificate
A legal heir certificate helps them to get the properties of their family member and all the possessions that the deceased left behind. The purpose of the legal certificate is mentioned below:-
- To transfer the properties and possessions of the dead person.
- To claim insurance for the deceased person
- To process the pension of the deceased person for his/her family.
- To receive a salary from the government if the deceased works for the government.
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Steps To Obtain Legal Heir Certificate Online In India
People should follow the below steps to get a heir certificate Online in India:-
- Visit the website: The person who wants to get a legal heir certificate first has to download it online.
- Application form: The person will get an application form and they have to fill in all their details like full name, address, identity proof, etc. Similarly, the details of the deceased person should also be there with an undertaking that should be attached to the form.
- Documents: After filing the form the candidate should attach all the documents with the application form to get the heir certificate.
- Submission: A stamp will be required on the application form and that stamp will cost Rs. 2 only after putting in the stamp you can submit it to the office for further verification.
- Verification of certificate: The application form will be sent for verification to the revenue inspector and once the application is verified the legal heir certificate will be issued to the person mentioning all the heirs of the dead.
How To Add A Legal Heir To File ITR
When the deceased family member dies then their heir should take care of the income tax and follow the below steps to file an ITR:-
- Visit the income tax website and log in to your account. If you are not a member then make your account and log in.
- After logging in go to ‘My Account’ and select a new request from the option menu.
- Next, select to register themselves on behalf of somebody else. Something like this will be there and you have to click on it.
- After selecting the above option, you will go to a new page where you have to provide all the relevant information related to the deceased person.
- After this, you have to submit the relevant documents like a copy of the PAN card or both the deceased and legal heir, a copy of the death certificate, and also of the legal heir certificate.
- After uploading everything, your request will be sent to the e-filing Administrator.
Types Of Legal Heir Certificates
A legal certificate helps a person to get possessions of the dead and look out for all their properties. There are different types of legal heir certificates that people should know of:-
- Succession certificate: A succession certificate is issued by the civil court in which the person collects debts and securities and they can sell the property of the dead if they want on their will.
- Letter of administration: This is a letter that is given to the heir by the court so that the heirs can recover any debts or assets of the dead.
- Probate: This a type of procedure which steps up the designated person who will read out the will of the deceased to the legal heir and they could fulfill their wish.
- Legal Heirship Certificate: This certificate works as a verification as it is used to find the rightful successor of the deceased person so that all the other legal formalities can be rightfully done.
- Inheritance certificate: This type of certificate is given to the legal heir of the deceased person so that they can get the land that the deceased person has.
- Class 1 heir certificate: The class 1 legal heir certificate is issued to those people in India whose deceased family member doesn’t leave them a will. And the process of getting a class 1 legal certificate might differ from state to state.
These are all the different types of legal heir certificates that are used in India. There are also other legal heir certificates but mainly these types of certificates are used in India.
Instructions To Receive Legal Heir Certificate Online In India
The below instructions should be followed by everybody to successfully get a legal Heir certificate Online:-
- A legal heir certificate is issued by the government whose family members die without forming a will.
- To get the insurance claims, pension, retirements, etc from the government
- By approaching the Tahsildar office with the death certificate of the deceased, an application form can be obtained.
- To receive the certificate it will take around a month for the government to deliver the legal heir certificate.
There are also sometimes when a person can be mentally retarded then they will not get the legal heir certificate and there could be many other reasons by which an application for the legal certificate can be denied so people should very carefully apply for the legal heir certificate.
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Frequently Asked Questions (FAQ)
What could be the reasons due to which my legal heir certificate was denied?
There are many reasons by which the government can deny the legal heir certificate like the person doesn’t have any children so their spouse will automatically become the owner of their property and there could be many different reasons that could deny an application. So people should keep three things in mind while applying for the legal heir certificate: the application should be filled out to a proper government, the reason for the death should be properly mentioned, and the fee payment should also be there.
How to obtain a copy of my legal heir certificate in India?
You have to contact the local government and give them all your details and how you want to get a copy of your legal heir certificate. After the information has been given you should visit the registrar of birth and death and request them for a copy of your legal heir certificate and pay the fees for the certificate.
Who can apply for the legal heir certificate?
The first category of legal heir should apply for the certificate and if there are no children then the deceased’s wife/husband, father, or mother can apply for the certificate.
Is a married daughter a legal heir?
Yes married or unmarried daughter, they both are legal heir. As from the 2005 amendment act the rights of a son and a daughter married or unmarried are the same.
Can a person having a legal certificate sell the property of the deceased person?
No, the legal heir certificate bearer can only claim the insurance, pensions, and provident funds. They cannot sell their property only a person having a succession certificate can sell the property. But if a legal heir certificate holder wants to sell the property they have to get the consent of all the legal heirs to sell the property.
If a person has lost their legal heir certificate, then what should they do?
If you have lost your legal heir certificate then you can get a duplicate of it. You should have the death certificate of the deceased and remember the date of the issuance of the legal heir certificate and all the other details that will be asked by the office after verifying everything the officers will provide you with a duplicate legal heir certificate.
