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Posted on November 9, 2021
Legal Heir Certificate Online in India
Check out the Complete guide on How to get a Legal Heir Certificate in Tamil Nadu, India
Making investments for a secure future is very common in every family, the investments either be in property or in shares or in fixed deposits or in post office. Such investments are really useful to secure the future and also it will be helpful for their upcoming generations. Legal heirs are divided into sharers and residuary, with sharers getting the first share and residuary what is left. If the woman inherits property from any relative, be it 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 case if the chief person or the head of the family member suddenly demise, any of the family members next to that person should get a legal heir certificate to transfer the assets of the deceased person to his/her 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 simply issued to identify the heirs of the deceased person whereas a succession certificate is issued to establish the validity and legality of the legal heirs and give them the authority related to the assets and securities of the deceased person. This has to be done soon after getting the death certificate from the municipality corporation. To get the legal heir certificate, the concerned person needs to apply in the appropriate government office. Getting this certificate is very important as this is the main document required to claim the right over the deceased person’s dues and assets. This Law has created rights to claim the securities or assets or property of the person dying intestate.
Given below are the steps to apply for a legal heir 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 have to upload certain documents like the death certificate of the deceased, affidavit, ID proof, etc.
- Step 1: Approach 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, 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 direct legal heir.
- Residence Proof of the deceased.
Legal heir certificate is required to perform the following purpose
A legal heir certificate identifies the rightful successor who then, can 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 demised 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 from the Government
- To receive salary arrears of the deceased person, if the deceased person has worked as state or central Government employee.
- To obtain employment of the deceased person based on compassionate appointments.
Following are the step wise procedure to apply Legal Heir Certificate in Tamilnadu, India
- To obtain a Legal Heir certificate, visit the Taluk / Thasildhar office in your location.
- Get the application form and fill it with all required details in the application form and you have to attach all the mandatory needed documents with the application form and submit it to the Taluk office, Which comes under your state government.
- The applicant has to affix a stamp of Rs. 2 in the application form before submitting it.
- After submitting the application form, you will receive a token and they will inform you to meet VAO/RI after a time period such as after 2 or 3 days.
- Visit the VAO office after 2 or 3 days, there you have to fill in some details and 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 next form you have to write the name of different 10 people in your locality for reference, the list can be verified later for correctness. In case, if you live in a metropolitan city, then you need to visit RI.
- Once completing 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 presence of Village Administrators Officer. VAO will verify the correctness of the Legal Heirs and after the satisfaction of all documents; the VAO will affix his office Seal and signature.
- Then you have to submit the VAO signed Application form to the Revenue Inspector. After receiving the application form, the Revenue Inspector will visit your house to examine and to verify your address and the Legal heirs.
- Then submit the signed in RI & VAO form to the Tahsildar office in your location and get a token number, after which the legal heir certificate will be issued officially.
Step wise procedure to apply Legal Heir certificate online – e-Sevai Services for Citizen:
- Use the following link https://www.tnesevai.tn.gov.in/Citizen/ to e-sevai portal where you can apply for legal heir certificate online.
- Login into the website using the credentials and page prompts, then hit “login”. In case, if you are new user, then you can select “Signup here” under login to register in that site and then apply.
- Please follow the instructions and fill in the details in the online application form.
- Your application will be processed by the concerned department as per the procedure and how it will be processed in person to provide the certificate.
Generally, the process of obtaining a legal heir certificate takes around 30 days from 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 appropriate authority in the respective area and ask for the legal heir certificate application. The applicant must fill the application and submit the signed application to the concerned authority. This application contains the names of all the legal heirs, their relationship with the deceased and addresses of the family members.
- All the required documents including the death certificate of the departed person should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
- An affidavit on stamp paper or self declaration has to be submitted along with the application.
- Revenue Inspector/administrative officer conducts an inspection and completes the enquiry.
- Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate.
Issuance of Certificates
Formal Legal Heir certificates are issued by the Tahsildar of the concerned district to accredit the actual deceased person living heirs and the succession certificates or duplicate certificates or certified copies of certificates to the deceased person legal heirs are issued by the court.
Following are the documents required to get legal heir certificate
- Application form of 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, and Bank Pass Book etc.
If Spouse applies for legal heir certificate:
- Aadhaar card, Marriage Registration Certificate or Passport or Voter ID need be submitted
- Birth certificate or Transfer Certificate of their kids
- Self-declaration of the spouse indicating all other legal heirs which include Mother-in-law, if wife of the deceased person is the applicant
If Child applies for 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 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 a proof for the relationship to the heirs
If Parents or sibling 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
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