A legal heir certificate is an important document upon the death of a family member. It establishes the relationship between the deceased person and his/her legal heirs. Legal heirs of a deceased person are spouse, children and parents.
The legal heirs must apply and obtain the legal heir certificate to transfer the ownership of assets of the deceased person to themselves. A legal heir certificate can be obtained after the death certificate is obtained from the municipality/ corporation to claim their right over the deceased person’s properties and dues.
What is a Legal Heir Certificate?
A Legal Heir Certificate is a crucial document that establishes the relationship between the deceased and their legal heirs. It is necessary to transfer the ownership of the deceased’s assets, such as property, bank accounts, and other financial assets, to their legal heirs.
Uses of the Document
Legal heir certificate will come in handy when there is a requirement to transfer an electricity connection, house tax, telephone connection, patta transfer, bank account, etc. When a government employee is deceased, the certificate is used to sanction family pension and to get a permit for compassion grounds. In addition to this, this document can state the relationship between the legal heir and the deceased which would be required to claim for insurance, pension, retirement benefits, service benefits or other central and state government schemes.
Necessary Information
- Name of the deceased
- Details of the family members of the deceased
- Applicant’s Signature
- Date of Application
- Residential Address
Eligible Nominees
- Wife of the deceased
- Husband of the deceased
- Son of the deceased
- Daughter of the deceased
- Mother of the deceased
Documents Required
- An application form that is duly filled.
- Death certificate
- Identity card
- Ration card
- Death certificate
Maharashtra Legal Heir Certificate Application Procedure
Step 1: Approach the Taluk Office
The applicant has to visit the Tahasildar or Taluk office. An alternate option to apply for the same is when the applicant can approach a lawyer from the District Civil Court.
Step 2: Receive the application form
The applicant has to obtain the application form from the concerned Tahasildar officer.
Step 3: Enter the details
The applicant has to enter all the required information in the application form.
Step 4: Attach the documents
Upon entering the details, the applicant has to attach all the mandatory documents to the application form.
Step 5: Affixing Stamp
The applicant has to affix a stamp of Rs. 2 in the application form.
Step 6: Submit the application
The applicant has to submit the application form to the authorised officer in the Tahasildar office.
Step 7: Verification Process
The application is verified by the Village Administrative Officer and Revenue Inspector.
Step 8: Issuing the Certificate
After completing all the verification process, the certificate will be issued by the concerned authority mentioning all the legal heirs of the deceased.
Fee Structure
The applicant has to affix a court fee stamp of Rs. 2 on the application.
Processing Time
The time taken to process the certificate is 15 days from the date of applying.
FAQs
Is a married daughter a legal heir?
Yes, both married and unmarried daughters are considered legal heirs and have the same rights as sons.
Can a person with a Legal Heir Certificate sell the deceased’s property?
A person holding a Legal Heir Certificate alone cannot sell the deceased’s property. However, they can proceed with the sale after obtaining written consent and a No Objection Certificate from all other legal heirs.