Apply for Legal Heir Certificate Online

Eligibility to Apply for Legal Heir Certificate

As per Indian Law, the below-mentioned individuals can apply for the legal heir certificate:

1. Parents of the individual who has passed away.
2. Son or daughter of the individual who has passed away.
3. Spouse of the individual who has passed away.

Documents Required for Legal Heir Certificate

The documents that must be provided to obtain the legal heir certificate are mentioned below:

✔️Proof of address of the individual who has passed away.

✔️Self-undertaking affidavit.

✔️Proof of date of birth of legal heirs.

✔️Death certificate of the individual who has passed away.

✔️The applicant’s address proof.

✔️The applicant’s identity proof.

✔️Application form that is signed.

Process to Obtain the Legal Heir Certificate in India

The procedure that must be followed to obtain the legal heir certificate is mentioned below:

1. The legal heir of the individual who has passed away must visit the area’s district court and request for the application form.

1. The relevant details must be filled in the form.
2. Next, the required documents must be submitted.
3. A self-declaration must be given.
4. An inspection is conducted and the inquiry is completed.
5. The Legal Heir Certificate is provided.

Legal Heir Certificate Uses

A legal heir certificate serves to identify the rightful successors of a deceased person's property when there is no will. It enables the recognised legal heirs to claim the assets or properties of the deceased. All eligible heirs need this certificate to assert their rights over the deceased's estate.

As regards the legal heir certificate, it is useful in the following incidences:

1. Diligent identification and transmission of the deceased person’s estate and property would be to their legal beneficiaries

1. Claiming under an insurance policy

1. Sanctioning family version of pension in case of an employee demise and its implementation

1. Claiming government dues in the form of provident fund, gratuity, etc.

1. Payment of salary arrears for deceased state and central government officers

1. Work placement on compassionate grounds

As well as in the case of sale or purchase of a property where there is no will left by the deceased, the buyer must get the legal heir certificate to check rightful ownership. There are instances when there are several heirs for a property that belonged to one family; in such instances, all the heirs would be required to sign the conveyance deed to prevent conflicts in the future.

Who Is Eligible to Request a Legal Heir Certificate?

According to Indian law, the following individuals are deemed legal heirs and are eligible to get a legal heir certificate:

1. Spouse of the departed.
2. The deceased's offspring (son or daughter).
3. Parents of the departed.

Proof of Documents Required for Issuing a Legal Heir Certificate

For applying for a legal heir certificate, the subsequent documents are required:

1. An application form that is properly filled and signed is necessary.
2. The Applicant’s identification details and the address must be provided.
3. A Death certificate is necessary for the deceased.
4. Every legal heir’s proof of date of birth is necessary.
5. A self-undertaking affidavit.
6. The information of address proof of the deceased person.

Note:

1. Identity proof of the applicant may be voter id, aadhar card, driving license, passport, or any other identification card issued by the government.
2. For legal heirs address proof may include any valid identification document, a telephone/mobile bill, gas bill, or a bank passbook that bears the name and the address of the heir.
3. Address proof of the legal heirs can be a birth certificate, school transfer/leaving certificate, PAN card, or a passport etc.

Differences between the Legal Heir Certificate and Succession Certificate

1. Legal heir certificate is issued mainly for the purpose of, in cases where government servants are deceased, family pension approvals, even for appointments. It also aids in the process of transferring assets, both movable and immovable.
2. Succession Certificates on the other end, is a document that is usually required when seeking to inherit displaced and or not displaced property above and beyond the available property laws such as the Hindu Succession Act or the Indian Succession Act. Legal heir certificates are provided by the Tahsildar of the district who provides for the legal heirs of the deceased person, while a succession certificate is issued to the legal heirs by the court.
3. In the case of a succession certificate, the lawyer charges 3% of the total value of the property, while for a legal heir certificate, only Rs.2 for the stamp and Rs.20 for the affidavit stamp paper are required instead.
4. Both serve different functions; however, they are both employed to wind-up the estate of a deceased person. A succession certificate is generally taken by the legal heirs of the deceased, for he died without leaving a will – or more accurately in this context – upon leaving a will that excluded them.

Adding Legal Heir to File Income Tax Returns

The process that must be followed to add the legal heir to file the income tax returns is mentioned below:

1. Visit the official website of the Income Tax Department.

1. Complete the registration process and log in to the account.
2. Select ‘My Account’.
3. Choose ‘New Request’ next.
4. Choose ‘Register Yourself’.
5. Select the estate of the deceased next.

1. Next, provide the estate’s name, incorporation date, and PAN of the deceased.
2. Upload the relevant documents next.
3. Click ‘Submit’ to complete the process.