When a person suddenly dies intestate i.e. without leaving a WILL , then a Legal Heir Certificate is required for claiming the properties & assets of the deceased to his family members /legal heirs.
A Legal Heir Certificate is also known as Waris Certificate or Family
membership Certificate; and this Certificate certifies the rightful successor and
establishes the relationship between the deceased and legal heirs.
Why a Legal Heir Certificate required?
A legal Heir Certificate is needed for the following purposes :
➧For transferring the properties & assets of a deceased
person to his legal heirs/successors.
➧For receiving dues such as provident fund, gratuity etc. from
the government authority.
➧For claiming insurance
➧For sanctioning and processing family pension of a deceased
employee.
➧For claiming employment on the basis of compassionate appointments.
➧For receiving salary arrears of a deceased state or central
government employee
➧For claiming deposits, investments, shares etc. from the bank and
private companies.
➧For Filing Income Tax Returns on behalf of the deceased under section 159 of the Income Tax Act,1961.
Who can apply for Legal Heir Certificate?
The following persons are considered as the legal heirs of a
deceased person, and hence they can apply for getting Legal heir Certificate:
👉Spouse of the deceased
👉Children of the deceased
👉Parents of the deceased
👉Siblings of the deceased
Required Documents for applying for Legal Heir Certificate
The following documents are required for obtaining the Legal
heir certificate:
➤Signed application form
➤Address & Identity proof of the applicant like, Aadhar Card,
Voter Card, Driving license, Passport etc.
➤Death certificate of the deceased
➤Address proof of deceased
➤Date of birth of all the legal heirs of the deceased
➤Self undertaking of the applicant
However, the documents also depend upon the person who has
applied for getting Legal heir certificate.
If Applicant is Spouse of the deceased:
When the spouse survives then he/she can apply for obtaining the
legal heir certificate after submitting the following documents:
👉Marriage Registration Certificate, Passport, or Voter Card,
Aadhar Card for proving the relationship with the deceased.
👉Birth Certificate or School transfer certificate of children
👉Self declaration of the spouse indicating all other legal heirs (include mother-in-law if the application is wife of the deceased).
If Applicant is a major child after the death of parents:
👉Death Certificate of parents
👉Birth Certifiate /Aadhar Card /Passport /TC or employee service record of all the legal heirs including the applicant child.
If Applicant is a minor child, then guardian can apply after the
death of parents:
👉Death certificate of the parents
👉Birth Certifiate /Aadhar Card /Passport /TC or employee service
record of all the legal heirs including the applicant child.
👉Guardianship order issued by the Civil Court to prove relationship to the heirs
If Applicant is Parents or siblings after the death of unmarried
children:
👉Death certificate of the deceased
👉Any proof for establishing relationship with the deceased, like
Birth Certifiate /Aadhar Card /Passport /TC etc.
👉Self declaration of parents/siblings
Procedure to obtain Legal Heir Certificate
A Legal heir certificate can be obtained after approaching the office of the Tehsildar or the Corporation /municipality office of the area where the deceased has taken his last breath. If the deceased person has resided that place less than 6 months only , then a report can be obtained by the Tehsildar from the Tehsildar where the deceased was resided for more than one year.
Legal Heir Certificate is document that certifies the right of an individual to inherit an estate and establish the relationship between the deceased and legal heirs. The type of succession certificate that is needed depends on the state in which the deceased live and the type of estate or property being bequeathed.
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