It can be tough to navigate the laws after a loved one passes away, particularly when it comes to comprehending and acquiring necessary paperwork such as the Succession Certificate and the Legal Heir Certificate. These documents are essential to the legal transfer of the deceased's property.
The Indian Succession Act, 1925 governs the division of a deceased person's assets in India in the absence of a valid will. The Legal Heir Certificate and the Succession Certificate are two important documents in this case. Despite their apparent similarity, they are gained through different processes and have different legal objectives. This thorough guide seeks to dispel the mystery surrounding one of these records i.e., the Legal Heir Certificate.
MEANING AND PURPOSE
An essential legal document that certifies a deceased person's legitimate heirs is a Legal Heir Certificate. It acts as a proof of the departed person's legitimate heirs and their allotted portions of the property. This document is frequently needed when transferring property, making an insurance claim, or gaining access to additional assets that the dead person left behind. Information such as the names of the legal heirs and their relation to the deceased, as well as their corresponding inheritance shares is generally mentioned in a Legal Heir Certificate.
A Legal Heir Certificate is essential for protecting inheritance rights and settling legal issues. It acts as verifiable proof of the legitimate heirs to avoid disputes over property, assets, and estates. Beneficiaries may encounter delays, legal challenges, or even unjust exclusion from inheritances in the absence of it. This certificate facilitates the seamless transfer of money and assets by guaranteeing clarity in the distribution procedure. It also helps to carry out the last wishes of the departed, preserve family unity, and lighten the load on the legal system. Therefore, having a legally recognized heir document is essential to maintaining family integrity and facilitating equitable and effective succession planning.
ISSUING AUTHORITY
Local government agencies such as the Municipal Corporation or the Revenue Department are the ones who issue this certificate. The process involves verifying the relationship between the deceased and the legal heirs.
The application for a Legal Heir Certificate can typically be made by the following individuals:
(i) Immediate family members- Spouse, children (son and daughter) and parents of the deceased.
(ii) Siblings- Brothers and sisters of the deceased.
(iii) Authorized representatives- In some cases, legal guardians and power of attorney holders authorized by the legal heirs may also apply for a Legal Heir Certificate. It is significant to note that the particular guidelines and prerequisites could change based on the jurisdiction or regional laws. When requesting a certificate of legal heirship, the legal heirs may be asked to submit documentation of their relation to the deceased in addition to other necessary paperwork. It is advisable to confirm with the municipal office, local revenue office, or the appropriate legal body in the jurisdiction in which the deceased individual resided to obtain precise details regarding the application procedure and qualifying requirements.
SCOPE AND USE
A Legal Heir Certificate is essential for various legal and financial transactions, including:
Property transfer: Required for transferring the deceased person's property to the legal heirs.
Bank transactions: Facilitates accessing the deceased's bank accounts and other financial assets.
Insurance claims: Necessary for claiming life insurance benefits.
Pension claims: Required for claiming the pension of the deceased individual.
Legal proceedings: Used as evidence of the legal heirs in case of disputes or legal matters.
PROCEDURE TO OBTAIN
The process of obtaining a Legal Heir Certificate involves the following steps:
(i) Application submission: Submit a duly filled application form to the local revenue or municipal office. Along with the application, the following documents need to be attached-
Death certificate of the deceased person.
Document establishing proof of relationship with the deceased person (For example- Birth Certificate, Marriage Certificate etc.)
Identity and address proof of the applicant.
Affidavit stating the details of legal heirs and their respective shares.
(ii) Verification: The authorities will verify the details provided in the application and may conduct inquiries if necessary.
(iii) Issuance: Upon successful verification, the Legal Heir Certificate will be issued by the competent authority.
Recently, the Hon'ble Supreme Court in the case of Dasanglu Pul v. Lupalum Kri (2023 SCC OnLine SC 1367) has also clarified that "Legal Heir Certificate by itself cannot be construed as a document of title to the property. It is a mode to determine the heirship based on which the consequential actions would follow.".
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