Heirship Certificate for Transfer of Title - Necessary or Not?

Is an heirship certificate necessary for the transfer of title?

No, an heirship certificate is not necessary for the transfer of title. A legal heir certificate is simply issued to identify the heirs of the deceased person whereas a succession certificate is issued to establish the validity and legality of the legal heirs and give them the authority related to the assets and securities of the deceased person.

In the event of a family member's untimely death, a legal heir certificate must be obtained in order to transfer the deceased's assets to his or her legal heirs. A legal heir certificate is a crucial document that establishes the deceased's link with his or her lawful heirs. After obtaining a death certificate from the municipality/corporation, the heirs can apply for this legal heir certificate to assert their claim to the deceased person's property and debts. The Indian Succession Act, Section 372, gives a solution to this problem. It authorizes the district judge to issue a certificate authorizing the deceased's successor to collect his assets and pay his debts. Typically, lawyers assist in the drafting and registration of a legal heir certificate. When a person dies intestate (without leaving a will), the transfer of certain assets to the deceased's heirs requires a lawful heir certificate, as well as probate in a few states, to establish their claim.

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As an alternative to a succession certificate, additional documents such as a legal heir certificate can be obtained for the purpose of establishing an inheritance or assisting in the transfer of assets from the deceased. It's a lot easy to get than you might think. A legal heir certificate may be substituted for a succession certificate in some situations simply because family members may obtain a legal heir certificate easily and promptly. Typically, families file for a legal heir certificate first, and then a succession certificate if the legal heir certificate is not recognized by the relevant government for some reason. In order to claim certain assets, a legal heir certificate is an essential & lsquo post-death' document that establishes the relationship between the deceased and legal heirs, as well as who the legal heirs are. One legal heir can apply for the certificate, but he or she must fill out the necessary application form with the names of all probable legal heirs. When the deceased has not designated a nominee, a legal heir certificate establishes the relationship of the heirs to the deceased for claims relating to pension, provident fund, gratuity, or other service benefits of central and state government departments. Such certificates are accepted by banks and private companies for the transfer of deposits, balances, investments, and shares, among other things.

After a thorough investigation, the legal heir certificate lists all of a deceased person's heirs according to the applicable law. To stake a claim on the deceased person's property, all eligible successors must have this certificate.

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Why is an heirship certificate needed?

• For the purpose of distributing the decedent's property and assets to his heirs.

• For the purpose of filing an insurance claim.

• To approve and process the deceased employee's family pension.

• To get government benefits such as provident fund, gratuity, and so on.

• To receive the deceased's wage arrears as a state or federal government employee.

• To find work through compassionate appointments.

In general, when purchasing or registering property, the buyer should request a legal heir certificate to verify the property's ownership. There may be numerous legal heirs for an ancestral property, in which case it is necessary for all legal heirs to sign the deed of conveyance providing their approval to avoid any litigation.

File tax returns on behalf of the deceased person

When filing income tax returns on behalf of a deceased assessee, a legal heir certificate is also required (as a representative). If an individual dies, the legal representatives are liable to pay any sum that the deceased would have been liable to pay if the individual had not died and were still alive, according to Section 159 of the Income Tax Act, 1961. A legal representative or legal heir is considered an assessee (representing the deceased), and tax is due on income/ earnings from April 1st to the asset owner's death date. The legal representative/heir, on the other hand, is not responsible for paying the income tax dues out of his or her pocket. Importantly, the legal heirs are liable only up to the extent of the assets that they inherit from the deceased asset owner.

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How to obtain a legal heir certificate?

• A death certificate with verification of death is required to acquire a Legal Heir Certificate. The Corporation, Municipality, RO of the Mandal where the death occurred, or the Major Panchayat issues this death certificate.

• Legal Heirship Certificate can be applied for by a wife or husband, son or daughter, or mother.

• A Deceased name, Name, Relationships of Family Members, Signature of Applicant, Date of Application, Residential Address, Death Certificate, and Rights of Record are all required information to get a Legal Heir Certificate.

• Identity Card, Ration Card, and Prescribed Application Form are required documents to get a Death Certificate Legal Heir Certificate.

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The steps to getting a legal heir certificate are as follows:

The genuine heir of a deceased individual must go to the above-mentioned authority and get an application form for a legal heir certificate. The names of all legal heirs, their link to the dead, and the addresses of family members must be included in this required application. This form must be completed, signed, and submitted.

The application should include all essential documentation, including the deceased person's death certificate.

Along with the application, you must send an affidavit on stamp paper or a self-declaration.

An inspection is conducted and the investigation is completed by a Revenue Inspector/administrative officer. After receiving the application, the authorities will review the associated documents and information.

If everything is in order, they will make entries in their registry and give you a record number to keep track of.

The Tehsildar will forward the application to the Village Administrative Officer (VAO) and Mandal Revenue Officer (MRO) OR the relevant authorities for further processing. The documents presented by the aforesaid authorities will be verified and scrutinized on the ground.

Local revenue officers and village administrative officials will conduct an investigation for verification. In most cases, the application form will include a statement from an administrative/government employee who is familiar with the deceased person and his or her family. The officers will submit their reports in the appropriate format after the verification.

Once the verification is complete, the revenue officer and village administrative officials will submit their report to the Tehsildar, who will make a decision and provide the certificate to the applicant, along with the names of all legitimate heirs of the deceased.

After a thorough investigation, the competent authority will issue a certificate including the names of all legitimate heirs, based on the report submitted by the tax officer and village administration officials.

In most cases, acquiring a legal heir certificate takes 30 days. If the certificate is not received in a timely manner or the concerned authorities do not reply, you should contact the Revenue Division Officer (RDO)/sub-collector or Tehsildar.

Advocate JV Bhosale

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