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Procedure to get legal Heir Certificate
06-Mar-2023 (In Documentation Law)
I want to transfer my Late Father's Indane Gas Connection in my name, as the Gas Agency distributor asked me to obtain a Legal heir certificate issued by court. So pls suggest me how shall I apply for the same, required documents, duration of making the certificate. Regard
The legal heir certificate is issued by the SDM(Sub Divisional Magistrate) of the area on the basis of any application submitted by you.
An inquiry is made by the SDM through the SHO(Station House Officer ) of the area and on being satisfied by the inquiry vis a vis your application, the Legal Heir Certificate would be issued to you.
An inquiry is made by the SDM through the SHO(Station House Officer ) of the area and on being satisfied by the inquiry vis a vis your application, the Legal Heir Certificate would be issued to you.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Who are the legal heirs of the second wife?
Answer: If the marriage takes place following a divorce or death of the first spouse, the Hindu Succession Act gives the second wife in India the same rights as the original wife. Even if the wife who died before the marriage was married, the second spouse would still have the same rights. 29-Jan-2023
Are children from second marriage entitled to ancestral property?
The children of a second marriage, even if it is declared void under the Hindu Marriage Act or voidable, are still considered legitimate children and have the right to inherit the fathers property.
How is property divided between children of two wives?
Property is distributed equally among the legal heirs in Class 1. All children, regardless of whether they have two mothers or the same father, are considered Class 1 heirs. The property will therefore be divided equally between all the children.
Is father a legal heir of married son?
In Section 8 of the Hindu Succession Act, parents have a right to their childs property. The mother is the first inheritor, and the father the second. 07-Jan-2023
It will take around two weeks. You will need to give us Death Certificate, photographs, ID proofs. You may apply through advocate or personally make 5-6 visits to the DM office/Collectorate. You cannot use this type of succession certificate aka उत्तराधिकार प्रमाण पत्र for any property worth more than Rs. 5,000/- only.
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Adv. Prateek Mishra
Lucknow | 100+ Answers
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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.
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.
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31+
31+
Adv. Kavita Ganesh Kondhalkar
Mumbai | 25+ Answers
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Previously legal heir certificate has been issued to the persons, by the MRO ,
Recently it has been amended as Family Member Certificate which will be issued by the MRO
if you want legal heir certificate or Succession Certificate you should approach the concerned court
Recently it has been amended as Family Member Certificate which will be issued by the MRO
if you want legal heir certificate or Succession Certificate you should approach the concerned court
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Adv. M Sreenivas Pavan Kumar
Anantapur | 25+ Answers
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There are two methods. You may obtain Legal Heir Certificate from Tehsildar's office OR you may file an application in the Civil Court where in the court orders for receiving objections for a period of 45 days and then finally passes an order for succession certificate.
The Fees is dependant on the financial amount of the assets you become heir to.
Documents you would need :
Application (to the civil court)
Ration card.
Aadhar Card and Voter ID.
Passport size photograph.
Death certificate of deceased. (original)
An affidavit, containing declaration form all surviving member.
Residence certificate of the deceased person.
The Fees is dependant on the financial amount of the assets you become heir to.
Documents you would need :
Application (to the civil court)
Ration card.
Aadhar Card and Voter ID.
Passport size photograph.
Death certificate of deceased. (original)
An affidavit, containing declaration form all surviving member.
Residence certificate of the deceased person.
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27+
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Adv. Medhavi Mishra
Noida | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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