A legal heir certificate, also known as a sequence certificate, is an important document that establishes the authentic heirs or beneficiaries of a deceased person. It acts as proof of birthright and enables the legal heirs to stake a claim on the assets and properties left behind by the deceased.
Obtaining a legal heir certificate is essential for transferring ownership and making changes in revenue records of properties inherited by legal heirs.
The process to obtain a legal heir certificate may seem complicated but can be broken down into a few key steps:
Table of Contents
Collect Documents Of The Deceased
The first step is to collect the relevant documents of the deceased person. This includes:
- Death certificate
- Birth certificate
- Marriage certificate (if applicable)
- Will (if any)
- Ration card
- Aadhaar card
- PAN card
- Property documents like sale deed, gift deed, partition deed, etc.
These documents will be required to establish the details of the deceased and prove your relationship with them. Ensure you have certified copies of all the documents. If you have any doubts regarding the Aadhar card and other important documents then you should consider looking at UIDAI-Aadharhelp.in to understand the documents better.
Find Out The Class Of Legal Heirs
The next step is to find out the class of legal heirs of the deceased. Based on the personal law applicable to the deceased, the legal heirs are divided into different classes.
The common classes are:
- Class I: Son, daughter, widow, mother, son/daughter of a predeceased son/daughter
- Class II: Father, son’s daughter’s son/daughter, son’s widow, brother, sister
- Class III: Daughter’s son/daughter, daughter’s children’s son/daughter, brother’s widow
- Class IV: Father’s father, father’s mother
- Class V: Father’s widow, brother’s son/daughter
You need to find out which class the legal heirs belong to. The property is divided between the heirs based on the class.
Apply For Legal Heir Certificate
Once you know the class of legal heirs, you can apply for the legal heir certificate. Following are the steps to apply:
- Revenue Department: In most states, you need to apply to the Revenue Department. Contact the local Tehsildar office and find out the procedure.
- Local Municipal Body: In some cities, you may need to contact the local municipal corporation or municipality.
- Court: If there are any disputes regarding the legal heirs, you may need to apply to the local civil court to issue the certificate.
The standard application form requires you to provide the details and documents of the deceased along with your relationship with them. You may also need to provide an indemnity bond. So, if you lack any of these documents, then you should complete as it will need in obtaining a legal heir certificate for property inheritance. Now, you can create these documents with ease through RTPS 9 if you belong to bihar or you can just check the official site.
Publish Notification In Newspaper
As per the procedure, a notification inviting objections must be published in a local newspaper. This is to allow anyone to raise objections.
The typical format includes the name of the deceased, their details, details of the applicant, and an invitation for objections within 15-30 days.
Ensure that you publish the newspaper notification correctly following the specified format. Keep the newspaper cuttings as proof.
Clear Objections If Any
If anyone raises an objection to the issuance of the legal heir certificate, you must clear it.
You may need to provide additional proof to establish your relationship with the deceased. Any disputes must be resolved at this stage before the certificate is issued.
Collect Legal Heir Certificate
If there are no disputes, you can collect the legal heir certificate from the issuing authority. This certificate will list all the legal heirs of the deceased.
Ensure that the names and relations are correctly mentioned as per the supporting documents. If there is any error, get it rectified.
This legal heir certificate will then allow you to apply for transferring the property in the name of the legal heirs. Each heir uses this document as proof of their right to inherit the deceased’s property.
How much time does it take to get a legal heir certificate?
It usually takes around 30-90 days to obtain a legal heir certificate. The time varies based on the state and issuing authority.
Can I apply for a legal heir certificate online?
Some states allow applying for legal heir certificate online through portals like E-District. However, physical application is still required in most cases.
What if someone raises an objection to the legal heir certificate?
If there is any objection, you must provide additional proof to the issuing authority to establish your relation with the deceased. Disputes may need to be resolved through the court.
Do all legal heirs need to apply for the legal heir certificate together?
No, a single legal heir can apply for the certificate by mentioning names of all legal heirs. However, notices will be sent to all legal heirs.
Can a legal heir certificate be challenged in court?
Yes, any legal heir can challenge the legal heir certificate in court if they have proof that it is inaccurate. The court can cancel the certificate if proved wrong.
Is legal heir certificate required for movable property?
Legal heir certificate is mainly required for immovable properties like land, houses etc. For movable assets like bank balance, it is not mandatory.
What is the cost of obtaining a legal heir certificate?
The cost is generally nominal. It includes the application fees and charges for the newspaper publication notice. This varies across different states or cities.
Will the legal heir certificate automatically transfer property to my name?
No, the legal heir certificate only certifies the legal heirs of the deceased. You will need to separately apply for transferring the property in your name.
Can I sell inherited property without obtaining a legal heir certificate?
It is not advisable to sell inherited property without a legal heir certificate as it establishes your right over the property.
What are the consequences of the wrong legal heir certificate?
A wrong legal heir certificate can complicate the process of property inheritance and transfer. Other legal heirs can challenge it in court.
In summary, a legal heir certificate is vital for inheriting the deceased’s properties. Make sure you obtain it by following the step-by-step application process and providing all documents correctly. This will help establish your rights as a legal heir smoothly.