How to obtain a legal heir certificate and formalities involved?


How can I obtain a legal heir certificate? What all formalities are involved?

Answer

 

For the purpose for which you are looking at getting a Legal Heir Certificate made, we suggest you may instead get a Succession Certificate by filing an application in the relevant Civil Court under Section 372 of The Indian Succession Act, 1925.

 

Section 372. Application for certificate.-

 

(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 , (5 of 1908 .) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--

 

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

 

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860 .)

 

(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.
 

 

Once you file the application in the concerned Civil court along with the assets and liabilities' list, you must make all the legal representatives a party to the application. On receipt of the application, the court issues a publication of the same in the local newspaper and in case there is no objection by any of the legal representatives till 30 days from the publication date, the court will grant the Succession Certificate post evidence of the petitioner and payment of applicable court fee (1.5% of the declared assets' value).

 


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