6 Most Important Reasons to Get Legal Heirship Certificate for submission of claims before the authorities.

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6 Reasons Why a Legal Heirship Certificate Is Important?

A legal heirship certificate is an important document to establish the relationship between the deceased and his/her legal heirs, in case of the sudden demise of a family member, the legal heir certificate must be obtained in the case of the transfer of the assets from the deceased holder to his/her legal heirs. ; once the death certificate has been obtained for the holder, the successors shall apply for the legal heir certificate to claim their right over the holding person’s properties and dues.

Sample legal heir certificate 

Some may get confused about spot the difference between the succession certificate and the legal heir certification. In fact, they are not entirely the same but serve different purposes. The succession certificate has a wider range of benefits but to have legal power over the assets a legal heir certification is more than effective.

The difference is as follows: 

–> The succession certificate is obtained in the civil court, unlike the legal heir certification which could be obtained at the area/taluk tahsildar, the corporation/municipality office of the respective area, and even from the civil court.

–> The power of the legal heirship certificate is fairly limited to matters such as claiming the employee benefits of the deceased, insurance claims, property registration, etc.

–> Do note that a legal heir certificate is not fairly conclusive proof under the law of succession in India but carries importance for claiming the assets of the deceased holder.

–> In other words a legal heir certificate helps the government identify the heirs for the assets but the succession certificate identifies the one true successor of the holder.

These relations are generally considered legal heirs and can claim a legal heir certificate under Indian law: 

> spouse of the deceased holder

–> children of the deceased holder (son/ daughter)

–> parents of the deceased holder

–> sibling of the deceased holder  all eligible successors must have a legal heir certificate to lay a claim over the deceased holder’s property.

A legal heirship certificate is required for the following 6 purposes:

  1. To transfer properties and assets from the demised person to his successors and the successor will have to have a legal heir certification.
  2. To claim insurance as a rightful legal heir of the deceased person.
  3. To sanction and process the family pension of the deceased employee.
  4. To receive dues such as provident fund, gratuity, etc from the government.
  5. To receive salary arrears of the deceased, state, or central government employee.
  6. To gain employment based on compassionate appointments. it is a general law that, for any property purchase or registration, the buyer must request a legal heir certificate to ascertain the ownership of the property.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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