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Legal Heir Certificate

Worried about securing your legal rights to family assets and facing delay in claiming inheritance? Get a legal heir certificate for rightful ownership.

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An Overview of Legal Heir Certificate 

Legal heir Certificate (Legal heirship certificate), also known as survivor certificate or waris certificate, is an official document establishing the relationship of legal heirs with the deceased person for claims relating to pension, provident fund, gratuity, or other service benefits. The waris certificate generally certifies rightful heirs upon the death of a family member.

The legal heir certificate, which is legally enforceable, is required for initiating the inheritance proceedings. The document is stated as a post-demise document that states the names of all the legal heirs/ surviving members authorized to claim the property of the late relative/ deceased person.

The certificate is considered an alternative to a succession certificate online and is also accepted by banks and private companies to secure the transfer of deposits, investments, shares, etc. Though the Indian Succession Act, 1925 does not prescribe a provision for the issuance of a legal heirship certificate online, it can be easily issued by revenue officers, including tehsildars, revenue mandal officers, or talukdars (in every taluk). Apply online for a legal heir certificate with the help of our seasoned professionals. 

Who are the Legal Heirs?

According to section 3 (f) of the Hindu Succession Act, 1956, legal heirs are ‘any person-male or female’ entitled to succeed to an intestate. The legal heirs are categorized into category I and category II heirs of Hindu males (a/c to the Hindu Succession Act). 

The legal heirs (including children, spouse, siblings, and parents) of the deceased person are required to apply for legal heir certificate online for the transfer of ownership of assets of the deceased person.

Eligibility Criteria for Obtaining Waris Certificate

The only immediate family member (class I heirs) of the deceased is eligible to apply for a legal heir certificate/waris certificate in India. The checklist includes:

Checklist to Apply for Legal Heir Certificate Online

  • Parents of the deceased
  • Children (son/ daughter) of the deceased
  • Spouse of the deceased
  • Sibling of the deceased (Class II heir)
  • Grandchildren of the deceased (Class II heir)
  • Great-grandchildren of the deceased (Class II heir)
  • Extended family members (Class II heir)
Benefits of Acquiring Legal Heir Certificate Online

The acquisition of a legal heir certificate secures the rights of the legal heirs available after the death of their deceased relative. Some of the benefits of acquiring a legal heir certificate online are discussed below:

  • Transfer of Property
  • The legal heir certificate is necessary for processing the easy transfer of property and assets from the deceased to his successors.
  • Processing of Insurance Claims
  • The insurance companies mandatorily require the legal heir certificate to process claims for insurance immediately after the death of the relative.
  • Receiving Gratuity
  • The waris certificate is necessarily required to make use of government benefits like gratuity, provident fund, insurance, etc. offered to the deceased person/ relative.
  • Facilitates Administrative Process
  • A legal heir certificate facilitates various administrative processes, such as changing the ownership of utility services and obtaining a succession certificate online for asset management.
  • Appointment on Compassionate Grounds
  • A waris certificate is a mandatory document which ensures the appointment of legal heirs on compassionate grounds.
  • Streamlines Legal Matters
  • A legal heir certificate is considered a crucial document that streamlines legal and financial matters following a relative’s death.
Rules & Regulation Governing Legal Heir Certificate
  • Indian Succession Act, 1925
  • Hindu Succession Act, 1956.
  • Section 165 of Finance Act, 2023.
  • Administrative State Procedures/ Rules of each state
  • Muslim law of inheritance
Documents Required for Legal Heir Certificate/Waris Certificate

The documents required to be produced for obtaining a legal heir certificate/waris certificate are as mentioned below:

  • Address proof of the deceased
  • Original Death certificate of a deceased person
  • Proof of birth date of legal heirs
  • Identity proof of legal heirs (PAN, Aadhar, Driving License, etc.)
  • Self-undertaking/ declaration affidavit
  • Duly signed application form
  • List of surviving members (if more than 4)
  • Documents of Service Records (in case of government Employment)
Guide for Obtaining Legal Heir Certificate Online

The step-by-step guide describing the procedure for obtaining a legal heir certificate online in India is discussed below:

  • Filing of Application Form
  • Initially, the applicant is required to visit the nearest Tehsildar or Talukdar office in your district for the collection and careful filing of the details in the application form.
  • Attachment of Documents
  • Next, after the due filing of the application form, the applicants are required to attach copies of the documents for further verification. Furthermore, the requisite fees, along with the documents, must be duly submitted at the Tehsildar office.
  • Submission & Acknowledgement of Application
  • After making the payment, the application filed will be submitted to the tehsildar authorized to generate a token with the acknowledgement number. This number can be used to track the verification process.
  • Verification of Details
  • Further, the details mentioned in the application form and the documents submitted must be duly verified at the office of the revenue officers, including tehsildars, revenue mandal officers, or talukdars (in every taluk).
  • Grant of Certificate
  • After complying with all the above-mentioned steps, the applicant (legal heir) is granted the Legal heir Certificate, which ensures the devolution of the deceased’s possession and legacy..

 

 

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Key Features to Know About Waris Certificate

Some of the key features the applicants need to know before filing an application for a waris certificate in India are discussed below:

Things to Remember

  • Mandatory certification for all successors/ heirs (either online/ offline)
  • Municipal bodies issuing a death certificate
  • Revocation upon any objection raised against the grant of certificate 
  • Mandatory filing of income tax on behalf of the deceased
  • The certificate possesses a lifetime validity
  • Timeframe of around 15 to 30 days required for legal heirship certificate

Format/ Contents of Legal Heirship Certificate Online

  • Name and address of deceased person
  • Date of death of deceased person
  • Name and address of legal heirs of the deceased person
  • Relationship of legal heirs with the deceased person
  • Purpose of issuing legal heir certificate
  • Date of issuing waris certificate
  • Signature and seal of Issuing Authority
  • Name and designation of issuing authority 

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