Making investments for a secure future is common in every family; these investments can be in property, shares, fixed deposits, or a post office. Such investments are beneficial for securing the future and will also be helpful for their upcoming generations. Legal heirs are divided into sharers and residuaries, with sharers receiving the first share and residuaries receiving what is left. If a woman inherits property from any relative, whether it be her husband, son, father, or mother, she is the absolute owner of her share and can dispose of it.
A legal heir means any person, male or female, who is entitled to succeed to the property of a deceased person under a will or as per the succession laws. In the event that the chief person or the head of the family member suddenly dies, any family member next in line should obtain a legal heir certificate to transfer the deceased person’s assets to their official heirs. Fee for the issuance of legal heir certificate is Rs 2 for stamp and Rs 20 stamp paper for affidavit and sometimes additional fee like some officials can ask for money but it will be considered as unofficial and for succession certificate 3% or more or less percentage of the total value of property.
A legal heir certificate is issued to identify the heirs of a deceased person. In contrast, a succession certificate is issued to establish the validity and legality of the legal heirs and grant them the authority related to the deceased person’s assets and securities. This must be done soon after obtaining the death certificate from the municipal corporation.
As per the Hindu Succession Act, the immediate legal heirs of a husband (a Hindu male) will include the husband’s son, daughter, mother, children of pre-deceased sons and daughters, widow of a pre-deceased son, etc. To obtain a legal heir certificate, the concerned person must apply at the relevant government office. Obtaining this certificate is crucial, as it is the primary document required to claim the rights to the deceased person’s assets and dues. This registration grants the right to claim the securities, assets, or property of the person dying intestate.
Given below are the steps to apply for a legal heir certificate (varisu certificate)
Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper inquiry.
One can apply for a legal heir certificate online by logging in to the E-district portal. You must upload specific documents, such as the death certificate of the deceased, affidavit, and ID proof, among others.
- Step 1: Approach the Taluk/Tahsildar Office
- Step 2: Receiving the Application Form
- Step 3: Submission of the Form
- Step 4: VAO Signature and Seal
- Step 5: Submission to the Revenue Inspector
- Step 6: Submitting to the Tahsildar Officer
- Step 7: Issuing the Certificate
The following people are considered to be eligible to obtain the legal heir certificate online,
- Spouse of the deceased person
- Son/Daughter or Children of the deceased person
- Parents of the deceased person (mother/father)
- Sibling of the deceased person
Documents Required For Obtaining a Legal Heir Certificate
In order to obtain a legal heir certificate, the following is the list of documents required:
- A self-undertaking affidavit.
- Identity proof of the applicant.
- Address Proof of all legal heirs.
- Date of Birth Proof of all legal heirs.
- Death certificate of the deceased person.
- Death certificate of the deceased’s direct legal heir.
- Residence Proof of the deceased.
A legal heir certificate is required to perform the following purposes (varisu certificate)
A legal heir certificate identifies the rightful successor who can then claim the assets/properties of the deceased person. All eligible successors must possess this certificate to lay a claim over the deceased person’s property.
- To transfer the properties, dues and assets of the deceased person to his heirs.
- To claim the insurance of the deceased person.
- To sanction and process the family pension of the deceased person or deceased employee.
- To receive dues of the deceased person, such as gratuity, provident fund, etc from the concerned office or the Government
- To receive salary arrears of the deceased person, if the deceased was a state or central Government employee.
- To obtain employment for the deceased person based on compassionate appointments.
Following is the step-wise procedure to apply for a Legal Heir Certificate in Tamil Nadu, India
- To obtain a Legal Heir certificate, visit the Taluk / Thasildhar office in your location.
- Obtain the application form and complete it with all required details. Attach all the mandatory documents with the application form and submit it to the Taluk office, which comes under your state government.
- The applicant must affix a stamp of Rs. 2 to the application form before submitting it.
- After submitting the application form, you will receive a token and be informed to meet with the VAO/RI within a specified time, such as 2 or 3 days.
- Visit the VAO office after 2 or 3 days, where you have to fill in some details. They will provide give 2 sets of form in which you need to get 10 (i.e. 10 persons have to write their name, address & sign for reference) in the back of the form and in the following form you have to write the name of different 10 people in your locality for reference, the list can be verified later for correctness. If you live in a metropolitan city, you should consider visiting RI.
- Once you have completed the above application form, you need to go to the VAO or Village Administrators’ Office in person, and all the Legal heirs have to sign the Application form in the presence of the Village Administrators’ Officer. The VAO will verify the correctness of the Legal Heirs, and after verifying all documents, the VAO will affix their office Seal and signature.
- Then, you must submit the signed VAO Application form to the Revenue Inspector. After receiving the application form, the Revenue Inspector will visit your house to examine and verify your address and the Legal heirs.
- Then, submit the signed RI & VAO form to the Tahsildar’s office in your location and obtain a token number. Afterwards, the legal heir certificate will be issued officially.
Step-wise procedure to apply Legal Heir certificate online – e-Sevai Services for Citizens
- Use the following link https://www.tnesevai.tn.gov.in/Citizen/ to the e-sevai portal, where you can apply for a legal heir certificate online.
- Log in to the website using the credentials and page prompts, then hit “login”. If you are a new user, select “Sign up here” under login to register on the site and then apply.
- Please follow the instructions and complete the online application form with the required details.
- Your application will be processed by the relevant department according to the procedure, and the certificate will be issued in person.
Generally, the process of obtaining a legal heir certificate takes around 30 days from the government department. And if you face any unnecessary delay in obtaining this certificate or if the concerned officials fail to respond, then you can approach the Revenue Division Officer (RDO)/sub-collector for further proceedings.
- The legitimate heir of the deceased person must approach the relevant authority in the respective area and request the application for a legal heir certificate. The applicant must complete the application and submit the signed document to the appropriate authority. This application contains the names of all the legal heirs, their relationships with the deceased, and the addresses of the family members.
- All required documents, including the death certificate of the deceased person, must be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
- An affidavit on stamp paper or a self-declaration has to be submitted along with the application.
- The Revenue Inspector/Administrative Officer conducts an inspection and completes the enquiry.
- Once the enquiry is completed successfully, the authorised officer issues the Legal heir certificate.
Issuance of Certificates
The Tahsildar of the concerned district issues Formal Legal Heir certificates to authenticate the actual deceased person’s living heirs. Succession certificates, duplicate certificates, or certified copies of certificates to the deceased person’s legal heirs are issued by the court.
The following are the documents required to get a legal heir certificate
- Application form for a legal heir
- Death certificate of the deceased person
- Identity Card of the applicant
- Ration card of the applicant
- Proof of residence of the deceased person. It can be any one of the following: Voter ID, DL, Bank Pass Book, etc.
If Spouse applies for a legal heir certificate:
- Aadhaar card, Marriage Registration Certificate or Passport or Voter ID need to be submitted
- Birth certificate or Transfer Certificate of their kids
- Self-declaration of the spouse indicating all other legal heirs which including the Mother-in-law, if the wife of the deceased person is the applicant
If the Child applies for a legal heir certificate:
- Death Certificate of his/her parents
- Birth certificate / Passport / Aadhaar / T.C of the applicant and Aadhaar card of all other legal heirs
If the minor Child applies if the parents are deceased:
- Death Certificate of his/her parents
- Birth certificate /Passport / Aadhaar / T.C of the applicant and Aadhaar card of all other legal heirs
- Guardianship order obtained from the Hon’ble civil court as proof of the relationship to the heirs
If Parents or siblings apply (unmarried children deceased)
- Death Certificate of the Deceased person
- Birth certificate / Passport / Aadhaar / T.C of the deceased person
- Self-declaration of the siblings/parents
