A Legal Heir Certificate can be obtained by his/her legal heirs after the death of the testator to transfer the assets of the deceased. Legal Heir Certificate is an essential document that helps in building a relationship between his/her legal heir and the deceased. It is mandatory to obtain a legal heir certificate for the successors after the death certificate is issued by the municipal corporation so that the heirs could claim their rights over the assets of the deceased person. Generally, people appoint an attorney to obtain this certificate.
A Legal Heir Certificate is needed for the following purpose:
The persons mentioned below come under the scope of the legal heirs and can claim a legal heir certificate in India:
According to the Indian Succession Act 1925, there is no specific method to obtain a Legal Heir Certificate, and it can easily be obtained by revenue officers or talukdars in every taluk.
The procedure to obtain a legal heir certificate is as follows:
The documents needed to be attached to the application form of the legal heir certificate and are as follows:
As discussed above, a legal heir certificate is a document issued by the tahsildar or municipal corporation officer after the death of a person to its legal heirs. However, while applying for the certificate one should be careful and shall take help of a competent legal heir certificate attorney India.
A Legal Heir Certificate states the true and legal heirs of the deceased person whereas, the Succession Certificate is granted to establish the validity and legality of the legal heirs and authorize them to decide for the assets and securities of the deceased person.
Anybody from the family of the deceased can apply for a Legal Heir Certificate. The following members are eligible to apply:
Usually, the process to obtain a Legal Heir Certificate takes around 30 days. You can approach the Revenue Department Officer (RDO)/ sub collector in case there is an unnecessary delay in getting the certificate or the authorities are ignorant.
A married daughter is eligible to obtain a Legal Heir Certificate. As per the amendment of 2005, married daughters are taken to be a legal heir.
A Legal Heir Certificate is needed in the following situations:
A nominee is a person who will receive the assets on the death of the owner/holder. Whereas, a Legal heir is a person who shall succeed the assets of the deceased person as per the will or succession laws.
As per the Indian laws, the nominee will receive and keep the property until he/she is instructed or legally bound to transfer or divide it among the legal heirs of the deceased.