The property of the deceased will be partitioned between his/her successors following the Legal Heir Certificate, in the absence of the Will.
At the time of purchase, the Legal Heir Certificate has to be attached to a sale deed, as per the latest amendment to the Registration Act.
To claim P.F., Gratuity, and other employee benefits of the deceased a Legal Heir Certificate can be used.
To claim a deceased person’s insurance policy a legal heir certificate is used.
To inherit a deceased Person’s Bank-Balance a legal heir certificate is used.
A Legal Heir as prescribed by law can only be the person applying for a Legal Heir Certificate.
The deceased person's death certificate has to be obtained by the applicant.
Rs. 2 court fee stamps have to be affixed.
In case of the existence of any dispute of heirship, Revenue Officer cannot issue a Legal Heir Certificate.
Death certificate in original has to be produced.
The application form should be in the authorized format as per the State. For example, in Tamil Nadu, it is REV 114.
Self-declaration affidavit is required in Rs. 20 non-judicial stamp paper.
The following persons can obtain a Legal Heir Certificate and they are considered to be Legal Heirs in India:
Spouse
Son
Daughter
Mother
Father
The procedure of acquiring a Legal Heir Certificate is as follows:
From the Revenue Officer obtain an application form at the cost of Rs. 60 that is VAO (Village Administrative Officer).
Ensure that all requisites are attached to the application form.
Submit the application to the appropriate Revenue Officer that is VAO (Village Administrative Officer)
The Revenue Officer will affix a seal or digital signature after acknowledging your application.
The Revenue Officer forwards the application to the Revenue Inspector. He/she conducts an inquiry. He/she will inspect the applicant and the deceased, for that he/she will conduct a local inspection.
Further, the application is presented before the final authority in this process that is Tahsildar. A token is issued to the applicant with a specified date. On the specified date final approval is acquired after the application is scrutinized.
The legal heir certificate is issued within sixteen days after the application is approved.
An affidavit drafted and notarised i.e. Self-undertaking
Proof of Identity.
Proof of heir’s residence.
Proof of date of birth.
Deceased person’s death certificate.
Proof of the decease’s residency.