Advocate Kavita Ganesh Kondhalkar

Questions Answered by Advocate Kavita Ganesh Kondhalkar

Q: Procedure to get legal heir certificate

I am from West Bengal and my father died there last year. I need a legal heir document but I currently I am staying in Maharashtra. Can I get the legal heir certificate here or I have to travel to West Bengal?

Advocate Kavita Ganesh Kondhalkar answered
How to obtain a Legal Heir Certificate? Procedure to get legal heir certificate is easy and does not involve any cumbersome or complicated legal process. A legal heir can talk to the Top Family Lawyers to obtain a legal heirship certificate from court and other revenue officers such as tahsildars, revenue mandal officers or talukdars, in every taluk. Legal heir certificate from panchayat can also be obtained. The legal heir in India or the legitimate heir of deceased person must approach the correct government authority with death certificate of the deceased. The officer hands over a form which must be correctly and completely filled. The person making such application must carry the requisite documents and stamp fees must be paid. If the person belongs to SC/ST category then he does not require to pay this stamp fee.  The form must be submitted by Family Lawyers with the officer, after which an enquiry takes place. The inspection is conducted by the Revenue Inspector as well as Village Administrative Officer. Once the enquiry is successfully completed, the legal heirship certificate is issued. The whole procedure for legal heirship certificate can take upto 15 to 30 days. If the certificate of legal heir is not issued within a reasonable period of time, the legal heir can approach the tahsildar with help of Famous Family Lawyers and if he gets no response, he can contact the concerned RDO or sub-collector. Which Documents are required to obtain a Legal Heir Certificate? To get a legal heir certificate in India, the following documents are required: 1. Self-undertaking i.e. an Affidavit drafted and notarised.   2. Letter from the Govt. Department of deceased employee to obtain legal heir certificate from DC office.  3. Identity Proof of Applicant (Election Commission Photo ID card, Aadhaar Card or E-Aadhaar letter issued by government of India, Driving License, Passport, Arm’s License with photograph, etc.). 4. Residence proof of all legal heirs (passport, telephone (BSNL landline or postpaid mobile bill) with the name of legal heir, Election Commission Photo ID card, Applicant's current and valid ration card, Aadhaar Card or E-Aadhaar letter issued by government of India, etc.). 5. Date of birth proof of all legal heirs (Birth certificate issued by a Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births & Deaths, School leaving certificate / Secondary School leaving certificate/ Certificate of Recognized Boards from the school last attended by the applicant or any other recognized educational institution, Passport, Pan Card, etc.). 6. Death certificate of deceased employee in original.   7. Death certificate of deceased direct legal heir in original (if required). 8. Residence certificate of the deceased.