Everything you could want to grasp about legal heir certificates
A lawful heir certificate is essential for property inheritance. When inherit an asset from a deceased family member, its legal heirs must show two important papers: one deceased’s death certificate and the legal heir certificate of the surviving family members who are qualified to inherit its deceased owner’s property.
We’ll go over what a legal heir certificate is or how legal heirs of a deceased individual can get one in this blog.
What is the meaning of a legal heir certificate?
If a family’s legal head dies, his legal heirs must notify the death to the appropriate authorities and obtain a death certificate as soon as possible. Because the deceased’s rights and responsibilities will now be transmitted and split between his or her legal heirs, both will need to file for a legal heir certificate, commonly called as a “survivor certificate,” to begin the inheritance process.
A legal heir certificate is a document that establishes the connection between both the deceased and his legal heirs and therefore is legally enforceable. The ‘post-death’ document, typically lists all of the deceased’s legal heirs, is essential for surviving family members to lay claim to their late relative’s property. Prior to actually issuing a legal heir certificate, the authorities must, naturally, conduct extensive research and investigation.
- A legal heir certificate is a legal document that establishes the legal heirs’ link to the deceased.
- A legal heir certificate can be obtained by the legally recognized heirs of a deceased person.
- When seeking for a legal heir certificate, all surviving family members or legal heirs of the deceased should be listed.
Use of a legal heir certificate
The legal heirs of a deceased person will need to provide a legal heir certificate for a variety of reasons:
- To transfer the deceased’s moveable and immovable goods and assets.
- To collect benefits from a deceased person’s insurance coverage.
- To transfer utilities in the survivors’ name.
- To seek employment as the heir to the deceased’s estate.
- To receive the deceased’s pay arrears.
- If the deceased was still working, you can file for unemployment benefits.
- To obtain the provident fund and gratuity of the deceased.
- For the transfer of the deceased’s deposits, balances, investments, shares, and other assets.
- To file tax returns on the deceased’s behalf.
Who is eligible to obtain a legal heir certificate?
A legal heir certificate can be obtained by legally recognized heirs of the dead. Options can include following:
- The deceased’s surviving spouse.
- The dead person’s children (son and daughter).
- The deceased person’s siblings (brothers and sisters).
- The dead person’s parents.
For a legal heir certificate, you’ll need the following documents.
Whereas any legal heir or survivor could file for a legal heir or survivor certificate, he must provide the identities of all living members or legal heirs in his claim. To obtain a legal heir certificate, the applicant must complete the supporting information to the appropriate authority:
- Application form that has been completely filled out and signed.
- Copies of the applicant’s identification and proof of address.
- Proof of all lawful heirs’ birth dates.
- If there are more than four living members, make a list.
- Photographs of all applicants are required.
- Affidavit/declaration form for self-undertaking.
- The deceased’s death certificate.
- Verification of the deceased’s residence.
Which documents are used as proof of address?
For proof of address, you can use your Aadhaar number, passport, bank passbook, electric bill, voter Identity card, Proof Of income, gas bill, driving license, registered rent agreement, and water bill.
What papers can be used to prove your date of birth?
As proof of date of birth, the applicant can submit a school leaving certificate / secondary school leaving certificate / certificate of recognized boards from the last school attended by the applicant or any other recognized academic establishment, passport, an affidavit attested before such a magistrate declaring the date of birth in case of illiterate and semi-literate, and PAN card.
Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.