Legal heirship certificate In India
Legal Heirship Certificate For NRI in India
In the context of handling the affairs of NRIs in India, a legal heirship certificate for NRI holds immense significance. This crucial document becomes imperative for the legal heirs in the unfortunate event of a family member’s unexpected demise. In situations where a deceased individual leaves behind property or assets, the issue of rightful ownership transfer looms large, underscoring the essential need for a legal heirship certificate for NRI.
In today’s world, identifying the authentic heir of a deceased person has become increasingly intricate, often triggering disputes and casting shadows of uncertainty over inheritance matters. To mitigate these complexities and establish a definitive line of succession, it is strongly recommended that all eligible successors, with a particular emphasis on NRIs, take proactive steps to secure a legal heirship certificate for NRI.
This certificate stands as a foundational document, formally cementing the relationship between the deceased and the legal heirs. NRIs, along with other legal heirs, are encouraged to initiate the application process for this legal heirship certificate in India once they have duly obtained the death certificate of the deceased from the relevant municipal or panchayat office.
Upon obtaining the death certificate the successors of the deceased can contact our advocates to help/assist them with drafting and registration of the legal heirship certificate in India. This certificate not only establishes the relationship of the legal heirs with the deceased but also helps the heirs who were left out of the partition of property and assets. An legal heirship certificate in India mentions all the lawful heirs of the deceased as it is granted after a thorough investigation.
The tehsils/municipalities/district civil courts where the deceased was last residing can grant an heirship certificate for immovable property and movable property to the legal heir of the deceased. The unexpected death of a person can result in a multiplicity of controversies such as who are the legal heirs, or to whom the properties of the deceased will devolve, to get rid of such controversial questions a person who is an heir of the deceased shall obtain such a certificate. A person has the right to claim insurance, provident fund, gratuity and arrears after obtaining the heirship certificate for immovable property and moveable property.
What is heirship? In a situation where a person has died without making a will/intestate and leaves behind heirs, the concept of heirship comes into light, signifying the legal right of a person to receive money or possession from the person who has died intestate. A legal heir can obtain a legal heirship certificate from court as well. Legal heirs, including those seeking the NRI Succession Certificate, are the surviving family members of a person who has died. A legal heir is somebody who succeeds the estate of a deceased who has died intestate or has left behind a will.
What are the documents required for obtaining a legal heir certificate? To obtain a legal heirship certificate in India, a person should submit the following documents with the application such as:
Address proof of the applicant
Death certificate of the deceased
Date of birth proof of all legal heirs
Affidavit of Legal Heirs
Address proof of the deceased.
Legal heir certificate can be used for transfer of the electricity connection, telephone connection, IT returns filing, pension or employment on compassionate grounds. The certificate is used as proof by the heirs to receive benefits from the government. A legal heir can apply for an heirship certificate online, the legal heir should fill out the form along with the required documents to obtain a legal heir certificate on the e-portal of the respective states. The procedure to apply online certificate is as follows:
- The applicant should apply for a legal heir certificate in Hindi or English on the e-district portal of the state
- He/she should click on the “Apply online” option.
- After the login page appears, the applicant must enter the registered mobile number.
- The applicant after entering the number should click on the proceed button
- The applicant should select the new request option and then click on surviving family member.
- In the next step, an application form will appear, and then the applicant should fill out the form for the legal heir certificate in Hindi or English with the required details along with the required documents.
- The applicant should pay the application fees by clicking the online payment and after successful payment, the applicant can download the certificate.
The immediate legal heirs of the deceased are his parents, spouse and children. Different states set different rules regarding the legal heir certificate, for example, A person can obtain a Legal Heir Certificate in Punjab by collecting a legal heir certificate application from the Sewa Kendra centre, where a person has to fill out an application form by providing details about the deceased name, along with the details of the heir. After filing all the appropriate details then the applicant has to attach the required date and pay fees of Rs. 5 at the Sewa Kendra. After all the process is completed then an heir can obtain a Legal Heir Certificate in Punjab.
Whether you live in India or you are an NRI, we highly recommend you to choose from one of our best property lawyers in India for better guidance in matters related to the property. These experts will guide you through the cumbersome procedure related to obtaining a Legal Heir Certificate for NRI. The procedure to obtain the certificate is almost the same for the resident and an NRI. The NRIs can obtain this certificate for:
- Transferring of the properties or assets of the deceased to its genuine heir.
- To claim the insurance.
- To receive the dues from the gratuity and provident fund.
- To receive arrears of the deceased.
In the case of NRIs, the situation is a bit complicated as they are not physically present in the country. For an ancestral property, there may be many legal heirs, legal heir certificate for NRI can safeguard the interest of NRIs in India. The legal heir certificate is also a very important document to submit the deceased income tax return on the behalf of the deceased taxable income. An NRI can inherit a moveable or immovable property only through a legal heir certificate for NRI.
While purchasing, buying or inheriting the property of the deceased in Mumbai a person should be well aware of the fact that he/she should obtain a legal heirship certificate in Mumbai. The purpose of such a certificate is to establish a relationship between the legal heir and the deceased when a person dies without making any will. A detailed procedure to obtain a legal heirship certificate in Mumbai is as follows:
- The applicant must visit the office of a Tehsildar or a Taluk, for other alternatives the applicant can choose from the lawyers we provide.
- The applicant then must get the application form from the Tehsildar or can choose from our services related to obtaining a legal heir certificate.
- The candidate must then fill in the details in the legal heir certificate application form.
- The applicant should attach all the required documents after he/she has entered all the information.
- After all the above steps the applicant must stamp the application with a rupees 2 stamp.
- The applicant then should submit the application form to the Tehsildar office for its approval.
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After all the procedure has been performed duly, the village administrative officer and revenue officer will then verify the application of the applicant whether he is a resident of India or an NRI legal heir. After the verification has been completed then the appropriate authorities will list all the deceased’s, legitimate heirs. Usually, a legal heir certificate is approved within 30 days but if there is any delay then the applicant has the option to contact the Revenue Division Officer or the sub-collector.
It is also worth stating that a legal heirship certificate in India is an important document for claiming deceased gratuity, retirement benefits, pensions, insurance, employment claim etc. This document establishes the legal heir’s genuine relationship with the deceased.
Frequently Asked Questions !!
If you have a question about legal heirship certificate in India, you are in the right place
Why is a Legal Heirship Certificate important for NRIs?
NRIs often have ancestral or family properties in India. A Legal Heirship Certificate is crucial for them to assert their legal rights over these properties and to facilitate the legal transfer of assets in India.
Who can apply for a Legal Heirship Certificate for NRIs?
Any eligible legal heir, including NRIs, can apply for a Legal Heirship Certificate. Eligible legal heirs typically include the spouse, children, and other immediate family members of the deceased.
How can an NRI apply for a Legal Heirship Certificate in India?
To apply for a Legal Heirship Certificate in India, NRIs must approach the local authorities, such as the municipal or revenue office, where the deceased’s records are maintained. The application process involves providing necessary documents and details about the deceased and the legal heirs.
What documents are required to obtain a Legal Heirship Certificate for NRIs?
The documents required may include the death certificate of the deceased, proof of identity and relationship of the legal heirs, property documents, and any other relevant documents as per local regulations.
How long does it take to obtain a Legal Heirship Certificate for NRIs in India?
The processing time for a Legal Heirship Certificate can vary depending on the state and local authorities. It may take several weeks to a few months, depending on the complexity of the case.
Can an NRI use a Legal Heirship Certificate for property transactions in India?
Yes, NRIs can use a Legal Heirship Certificate for property transactions in India. It serves as a valid document to establish their legal right to the deceased’s assets and properties.
What are the legal fees and charges associated with obtaining a Legal Heirship Certificate for NRIs?
The legal fees and charges for obtaining a Legal Heirship Certificate may vary from one state or district to another. NRIs should inquire about the specific fees and charges applicable in their jurisdiction.
Can NRIs seek legal assistance to obtain a Legal Heirship Certificate in India?
Yes, NRIs often seek legal assistance from qualified lawyers or legal experts in India to navigate the application process and ensure compliance with local laws and regulations.
Please note that the process and requirements for obtaining a Legal Heirship Certificate may vary depending on the state or region in India. It’s advisable for NRIs to consult with legal professionals experienced in this matter for personalised guidance.