What is a Legal heir Certificate? If a member of a family or near relative has died intestate, his/her legal heirs should acquire a legal heir certificate/waris certificate/varisu certificate to facilitate the method of transferring the assets of the deceased. This certificate is a very important document to ascertain a relationship between the deceased and his/her legal heirs. One should acquire a death certificate of the deceased from the municipal corporation before applying for an equivalent. Legal heir certificate is valid for a lifetime. Who will apply for a legal heir certificate? The legal heirs should be directly associated with the deceased and it includes: husband/wife of the deceased Kids of the deceased Mother/father of the deceased sibling of the deceased Uses of a legal heir certificate? A legal heirship certificate establishes the legitimacy of the heirs and helps to spot the rightful successors and then they can claim the assets/properties of the person who has died. All eligible successors should possess this certificate to put a claim over the deceased person’s assets. For transferring properties and assets of the demised person to his successors/legal heirs. For claiming insurance. For completing the process of pension of the deceased worker. To receive dues such as gratuity from the govt To receive earnings arrears of the deceased. To get employment support compassionate appointments.
The person has to go to visit the Tehsildar/Taluka office. He also can approach the district court
The person who is applying for the certificate must get the form from the authorized personnel in the office. A sample form is attached herewith for your reference. The person shall enter all details including personal details such as his address, number, identity, etc and similarly he must also enter details such as an address, identity, relation, etc of the deceased person and an undertaking is mandatory to be attached with the application
After filing the main points within the form, the person should attach documents with the form ie. pay the Court fee, undertaking, letter from government authorities to obtain legal heir certificate, I.D. Proof of the person who is applying for the certificate, residential proof of the applicant, birthdate proof of the legal heir, death certificate of the person who has died (it must be in original form)
A stamp of two rs should be there with the application. Once the stamp is attached, the application is ready and the applicant can give the same for getting it verified from the concerned govt office.
The form is then sent to the village officer and revenue inspector for verification. Once the verification is complete, the certificate is issued by the authority mentioning all the legal heirs of the deceased. The process of getting a legal heir certificate usually takes thirty days. If there is any delay in issuing the certificate, you ought to then approach the Revenue Division Officer (RDO)/sub-collector.
In most cases, it usually takes around 30 days to obtain a legal heir certificate in India.
Court fee of one rupee 25 paise /-
Self-undertaking/ legal heir testimony
Letter from the government. Department of the deceased employee
Identity Proof of the person
Residence proofs of all Legal Heir
Date of Birth proofs of all Legal Heir
Death Certificate of deceased worker in original
Death Certificate of the deceased direct legal heir in original(if required)
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As per the Hindu Succession Act, 1956, the right to an intestate father’s property is
Mother [M]
Widow [W]
Daughter [D]
Widow of a predeceased son [SW]
Daughter of a predeceased son [SD]
Daughter of a predeceased daughter [DD]
Daughter of a predeceased son [SSD]
Widow of a predeceased son [SSW]
Son [S]
Son of a predeceased son [SS]
Son of a predeceased son [SSS]
Son of a predeceased daughter [DS]
Daughter of a predeceased daughter [DDD]
Son of a predeceased daughter [DDS]
Daughter of a predeceased son [SDD]
Daughter of a predeceased son of a predeceased daughter [DSD]
The son, daughter, and adult female can have an equal share. The widow of the deceased should take one share. If there's over one widow then all of them can divide equally from one share and that they won't get one separate share every. A predeceased son survived by a widow or son or daughter shall take a share adequate that of a living son. Out of the portion assigned to the predeceased son his widow and living sons and daughters can take equal parts amongst themselves. Any branch of the predeceased son can get an equal portion. The rule to all of the predeceased sons of the predeceased son is the same as of predeceased son where the daughter, son widow can get an equal share. A predeceased daughter who is survived by a son or a daughter is to be assigned an equal share same as that of a living daughter. The daughter & son of the predeceased daughter shall take an equal portion daughter’s share.
Class II Heirs:
If there is no living person from class I, then the property of an intestate person can be taken by class II members. Even subcategory is higher than the one below it. Therefore if people living in sub-category one are live, then sub-category II will not get any property. The heirs in a particular subcategory will have to divide the share amongst themselves as per, per capita rule of the distribution of the said property of the deceased.
The list of the subcategory of class II heirs is as below:
Father
Son’s daughter’s son, brother, sister
Daughter’s son’s son
Brother’s son, sister’s son, brother’s daughter, sister’s daughter
Father’s father, father’s mother
Father’s widow, brother’s widow
Father’s brother, father’s sister
Mother’s father, mothers’ mother
Mother’s brother, mother’s sister
Class III Heirs
Class III heirs or agnates inherit the property of the deceased in the absence of class I heirs & class II heirs. An agnate is a person who is related to the intestate person from the male line of descent and it also includes females in that line of descent.
Class IV heirs
A cognate is an heir who was related to the intestate through a mixed chain of relatives in the terms of sex. They inherit property when none of the classes of heirs are alive.
If none of the classes of heirs are alive of the intestate then the property will be taken over by the government according to the doctrine of escheat.
A legal heir certificate is different from a succession certificate, a succession certificate is generally issued by the civil court and there are separate procedures to obtain the same. Major differences between these two certificates are listed below:
Legal heir certificate usage is limited to certain matters such as claiming employee benefits of the deceased, insurance claims, property registration etc.
A legal heir certificate is not conclusive proof under the law of succession in India.
With respect to the settlement of any property which is disputed or under court litigation, a succession certificate is vital.
