If the head or a member of the family expires, the next direct legal heir of the deceased, such as the wife or husband or son or daughter or mother, may, on request, apply for a legal certificate of succession certificate of inheritance for the purpose of transferring the electrical connection, tourist tax, Patta phone connection/transfer, bank account, etc. If the deceased is a government official, a certificate from the legal heir is issued to sanction the family pension and obtain an appointment on humanitarian grounds. Legal inheritance is also provided for various other reasons. Your application will be reviewed by the e-filing administrator and will be accepted or rejected based on the data you provide. In case of acceptance, you will be designated either as the legal heir or as a temporary heir. Helps identify legitimate heirs when it comes to transfer of ownership Yes. A certificate of survival is issued to a surviving member of the deceased and a legal certificate of heir to the one who holds the claims of the deceased. However, you can only hold the property after receiving the certificate of succession from the court. The Waris certificate is claimed by the legitimate successor, who takes over all the property and responsibilities of the deceased.
In such situations, legal heirs are listed in the second category of the Hindu Inheritance Act. If there is no Class I heir, the property goes to the heirs as parents specified in Class II of the Schedule to the Indian Estates Act. Heirs of the second category, according to inheritance law, are a person who inherits all materialistic qualities and responsibilities when a person dies without leaving any legal clarification or will, a person who inherits all materialistic characteristics and responsibilities, and even debts that come with real estate are called heirs. Read: Important details you need to know about non-occupancy fees in cooperatives In India, legal heirs can be divided into two categories – Class I and Class II. As mentioned above, a legal heir certificate identifies the legitimate successor, who can then claim the deceased`s property/assets. All eligible beneficiaries must be in possession of this certificate in order to claim the deceased`s property. The process of obtaining a legal certificate of heir usually takes 30 days. If there is an unnecessary delay in receiving this certificate or if the affected authorities do not respond, you should contact the Revenue Division Officer (RDO)/Deputy Collector. The certificate of the legal heir can be requested by contacting the Thasildhar/taluk region or at the municipal company/office of the respective region and at the civil district court.
This certificate lists all the legal heirs of the deceased person and is issued only after appropriate request. Here are the steps in the process of obtaining a legal certificate of heir: on the other hand, the certificate of succession aims first to recognize the legal living beneficiaries of a deceased person, and then to authorize them to claim movable property from a deceased person. For example, under section 32 of the Indian Succession Act 1925, a Christian rightful heir is the wife, husband or family of the deceased. The parents, siblings, spouse and children of the deceased are considered the legal heirs. Helps identify living heirs and obtain appropriate pension or tax benefits In general, for each purchase or registration of a property, the buyer must apply for a legal heir certificate to establish ownership of the property. There may be cases where there are several legal heirs for an ancestral property, and in such cases it is necessary for all legal heirs to sign the deed of transfer that gives their consent to avoid disputes. “The legal heir is an essential document for obtaining pension rights, tips and pension fund rights as well as pension and insurance rights of the deceased. It has established the authenticity of the heir and gives him the power to inherit the deceased`s property,” says lawyer Ankit Sharma.
Although legal certificates of heirs and certificates of succession may seem similar due to their terminology and purpose, they are completely different official documents that cannot be replaced. Some of the main differences between a legal certificate of heir and a certificate of inheritance are: With many laws and personal statutes governing the issue of marriage, divorce and inheritance in India, it is imperative to find a legal heir to identify the legal successor of inherited property or insurance claims. The certificate of succession is a document issued by the court for the enforcement of movable property by the deceased`s successors. .