What is a Legal Heir Certificate? How to Apply Online and Documents Required
A legal heir certificate is a crucial document required after the death of a family member. It serves to officially establish the relationship between the deceased individual and their legal heirs, who typically include the spouse, children, and parents. Understanding what is a legal heir certificate is important, as it’s the first step in claiming any inheritance.
To transfer the ownership of the deceased's assets such as plots for sale in Chennai or other valuable properties, to the rightful heirs, the legal heirs must apply for and obtain a legal heir certificate document. This certificate can only be issued once the death certificate has been acquired from the relevant municipal or corporate authority.
Why is the Legal Heir document important?
A legal heir document plays a vital role in protecting inheritance rights and resolving disputes related to succession. It acts as definitive proof of the rightful heirs, thereby preventing conflicts over property, assets, and estates. In the absence of this document, beneficiaries could encounter legal obstacles, delays, or even be unjustly excluded from their inheritance. The purpose of a legal heir certificate provide clarity in the distribution process, ensuring a smooth transfer of wealth and possessions.
Uses of a Legal Heir Certificate
A legal heir certificate serves as a crucial document for identifying the rightful successors of a deceased person's property when there is no will in place. All eligible successors need to obtain a legal heir certificate online to assert their rights over the deceased's property.
The legal heir certificate is necessary for several purposes:
- Transferring the deceased person's properties and assets to their successors.
- Filing claims for insurance benefits and receiving salary arrears.
- Sanctioning & processing the family pension of a deceased employee.
- Collecting government dues such as provident fund, gratuity, etc.
- Securing employment through compassionate appointments.
In general, when purchasing or registering property, the buyer should request an online legal heir certificate to confirm the property's ownership, especially in the absence of a will. There may be situations where multiple legal heirs exist for an ancestral property. In such cases, all legal heirs must sign the deed of conveyance to express their consent, thereby preventing any potential legal disputes.
Documents Required for Online Application
To obtain a legal heir certificate online, the following documents are required:
- A duly signed application form.
- Identity and address proof of the applicant.
- The death certificate of the deceased individual.
- Proof of DOB for all legal heirs.
- A self-undertaking affidavit.
- Address proof of the deceased person.
Important Notes:
- The applicant’s identity proof may include a voter ID, Aadhaar Card, driving license, passport, or any other government-issued identity card.
- Address proof for a legal heir can include any valid identity proof or a telephone/mobile bill, gas bill, or bank passbook that displays the legal heir’s name and address.
- Date of birth proof for a legal heir can be provided through a birth certificate, school transfer/leaving certificate, PAN card, passport, or similar documents.
Legal heirs also have the option to apply for a legal heir certificate online. However, this service is only available in certain states. To apply online, the legitimate heir must visit the respective state's e-portal or e-seva portal, fill out and submit the application for a legal heir certificate or surviving member certificate, upload the necessary documents, pay the applicable fees, and submit the form.
Procedure to Obtain a Legal Heir Certificate
Legal heirs also have the option to apply for a legal heir certificate online. However, this service is only available in certain states like Tamil Nadu, where legal heir certificate online application is an option. The procedure for obtaining a legal heir certificate is mentioned below:
The rightful heir of the deceased must go to the district court in the respective area and request the application form for a legal heir certificate process. The applicant should complete the form, ensuring all necessary details are included, such as the names of all legal heirs, their relationship to the deceased, and the addresses of family members. Once filled, the signed application must be submitted to the appropriate authority.
All required documents, including the deceased person's death certificate, must be attached to the application. (The death certificate must be obtained from the municipality or corporation office). Along with the application, an affidavit on stamp paper or a self-declaration must be submitted, and the required fees or charges for the legal heir certificate must be paid at the office. The revenue inspector or administrative officer will then conduct an inspection and complete the necessary enquiry. Applicants can also track the legal heir certificate online status through the same portal.
Be sure to check the specific requirements for your state or jurisdiction, and always provide accurate information to avoid any legal issues. It's important to gather all necessary documents before applying for the certificate. Get in touch with us for residential plots for sale in Manali or Nemam at competitive prices.