Who are Legal Heirs? 

Overview of Legal Heirs

When it comes to the succession and inheritance of assets after an individual’s death, the idea of a legal heir is crucial.

To guarantee a seamless transfer of assets and duties from deceased individuals to their legitimate successors, it is essential to identify and record legal heirs.

The appropriate law of succession takes effect in the transfer of the deceased’s assets to their legal heirs when they pass away without a will or otherwise in an intestate manner.

There are two groups of legal heirs: Class I and Class II heirs. 

The Hindu succession law, for example, states that if a Hindu man leaves property without a will, it is mainly distributed equally among his Class I heirs, which include the mother, widow, and children. The property may be claimed by Class II heirs (father, grandchildren, great-grandchildren, brother, sister, and other relatives) in the event that there are no Class I heirs.

Understanding Legal Heirship in India

Those who are legally recognized to inherit a deceased person’s assets or take on their liabilities are referred to as legal heirs.

According to the Indian Succession Act, this group generally consists of the husband, parents, children (son and daughter), and other direct legal heirs, as well as extended relatives.

The identification of a direct legal heir is essential for determining the allocation of the deceased’s assets as well as for meeting other financial and legal duties that were left behind.

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Major Documents

Legal Heir Certificate

An important document in proving the heirs’ claim regarding the deceased’s assets is a legal heir certificate, also called a legal heirship certificate, which is issued by the local government or district civil court authority.

In order to manage bank accounts, claim family pensions, and transfer the deceased person’s assets, this certificate is essential.

Together with any supporting documentation, such as a death certificate, birth certificate attesting to the relationship, and identification documents proving the applicant’s and the deceased’s identities, applicants must submit an application form to the relevant authority.

Succession Certificate

A succession certificate becomes crucial in situations involving financial institutions as well as the transfer of securities or obligations.

It guarantees that financial assets are legitimately claimed under the direction of civil court norms by giving heirs legal legitimacy to recover debts and securities owed to the deceased.

Depending on the size of the assets in question, obtaining a succession certificate is a complicated process that may involve court fees and the filing of particular papers.

Difference Between a Legal Heir Certificate and Succession Certificate

If the deceased person is a government servant, then the legal heir certificate is issued for approval of family pension or to get appointments on concerned grounds. A legal heir certificate is also provided to transfer property- movable and immovable assets.

• A succession certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.
• Tahsildar of the district issues legal heir certificates to identify a particular deceased person living heirs, and the court issues succession certificates to the legal heirs of a deceased person.
• For the succession certificate, 3% of the total value of the property will be charged. To issue a legal heir certificate, Rs.2 for a stamp and Rs.20 for stamp paper for the affidavit will be required.
• Legal heir certificate and succession certificate are entirely different. If the head or a family member passes away, the next direct legal heir of the deceased such as wife/husband/son/daughter/mother can apply for the Succession Certificate. This certificate can transfer electricity connection, telephone connection/patta transfer, house tax, bank account, filing of IT returns, etc.

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How to Add a Legal Heir to File ITR?

On behalf of the deceased proprietor, their legal heir/s must file an ITR and pay the computed income tax. The following are the steps to take:

• Go to the income tax e-filing website.
• Log in with your account information if you are a registered user. If not, choose the ‘Register Yourself’ option to establish a new account. Complete the registration procedure by providing all required information.
• After successfully logging in and registering as a representative, go to’ My Account’.
• Under the request type option, select a new request from the drop-down box.
• Select register yourself from the drop-down box in the add/register as a representative section on behalf of another individual.
• Select the deceased’s estate from the drop-down box in the category to register section.
• You will be routed to an external page if you select the proceed option.
• Provide all relevant information, such as the deceased’s PAN, the name of the estate, and the deceased’s date of incorporation.
• Make a zip file with documents such as a self-attested copy of the legal heir’s PAN card, the deceased person’s PAN card, a copy of the death certificate, the legal heir certificate, or an affidavit in the presence of a Notary Public.
• After uploading your papers, click the submit button to send your request to the e-Filing Administrator.

Procedure to Obtain a Legal Heir Certificate

A legal heir certificate can be obtained by approaching the area/ taluk Thasildhar or from the corporation/ municipality office of the respective area and the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry. The process of obtaining a legal heir certificate is stated below:

• The legitimate heir of the deceased person must approach the district court in the respective area and ask for the legal heir certificate application. The applicant must fill out the application and submit the signed application to the concerned authority. This application contains the names of all the legal heirs, their relationship with the deceased, and the family members’ addresses.
• All the required documents, including the departed person’s death certificate, should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
• An affidavit on stamp paper or self-declaration must be submitted along with the application and the fees must be paid at the office.
• The revenue inspector/administrative officer conducts an inspection and completes the enquiry.
• Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate.

Legal heirs can also apply for a legal heir certificate online. However, only certain states provide the online service to apply for legal heir certificate online. To apply for a legal heir certificate online, the legitimate heir of the deceased person must visit the respective state’s e-portal/ e-seva portal, fill out and submit the legal heir certificate application or surviving member certificate, upload the required documents, pay the fees, and submit it.

The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should approach the Revenue Division Officer (RDO)/sub-collector.

Who Can Apply For a Legal Heir Certificate

The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:

• Spouse of the deceased.
• Children of the deceased (son/ daughter).
• Parents of the deceased.

Uses of a Legal Heir Certificate

A legal heir certificate identifies the rightful successor of a deceased person’s property in the absence of a will. The legal heirs identified in the certificate can claim the assets/ properties of the deceased person. All eligible successors must possess this certificate to lay a claim over the deceased person’s property.

A legal heir certificate is required for the following purpose:

• For transferring properties and assets of the demised person to his successors.
• For claiming insurance.
• For sanctioning and processing the family pension of the deceased employee.
• To receive dues such as provident fund, gratuity, etc. from the government
• To receive salary arrears of the deceased, state or Central government employee.
• To gain employment based on compassionate appointments. 

Generally, for any property purchase or registration, the buyer should request a legal heir certificate to ascertain the ownership of the property when there is no will of the deceased person.

There can be instances where there are several legal heirs for an ancestral property. In such cases, it is required that all legal heirs sign the deed of conveyance, giving their approval to avoid any litigations.

Settling All Outstanding Debts

When someone takes on the position of a legal heir, they are tasked with paying off any debts and commitments that the deceased left behind. This comprises:

• Property Tax: Legal heirs are responsible for making sure that any outstanding house or property taxes are paid on time. In order to amend the property records according to the heir’s name and pay any outstanding debts, this frequently entails going to the local municipal office.
• Electricity Connection payments: Utility payments, including electricity bills, need to be paid right away. In order to ensure continued services and assume responsibility for future bills, legal heirs must get in touch with the utility companies to notify them of the owner’s passing and start the process of transferring the connection to their name.
• Loans: Before dividing the assets among themselves, the surviving legal heirs must pay back any loans the dead may have taken out.

Government Employees and Public Services

Families of departed government workers also have to deal with the bureaucratic procedures in order to obtain benefits to which they are entitled:

• Retirement Benefits: These comprise a variety of post-retirement benefits to which the deceased was entitled, including pensions, provident funds, and gratuities. To collect these benefits, legal heirs must go to the appropriate government agency and present the required paperwork, such as the deceased’s death certificate and the legal heir certificate.
• Compassionate Appointments: As a kind of support, government policies occasionally permit a family member of the departed employee to be given consideration for a position in the government sector. Legal heirs who are interested in this must go through the application process, which entails sending the relevant department thorough applications together with their death and legal heir certifications.

Communicating with Financial Institutions

Managing the deceased’s investments and bank accounts is one of the important responsibilities of a legal heir. This comprises:

• Bank Accounts: In order to cancel the account and transfer the funds to the heirs, legal heirs must notify banks of the account holder’s passing and provide the death certificate or legal heir certificate.
• Investments: In order to transfer ownership or claim the value of an investment in stocks, mutual funds, or other securities, legal heirs must get in touch with the appropriate financial institutions. This frequently calls for the legal heir certificate to be submitted with certain claim forms.

Insurance Claims and Tax Responsibilities

The nominee is entitled to any life or other personal insurance policies that the deceased may have had. Along with the policy documentation, death certificate, and legal heir certificate, a claim form must be submitted to the insurance company. Managing insurance claims can be difficult and necessitates a deep comprehension of the terms and conditions of the policy.

The deceased’s tax responsibilities must likewise be fulfilled by their legal heirs. This includes submitting the last income tax return for the time frame leading up to the death on the deceased’s behalf. It is essential to properly handle these tax matters in order to avoid any legal issues.

Challenges

In India, acquiring legal heirship can be difficult, involving everything from disagreements among prospective heirs to bureaucratic hold-ups.

To lessen these obstacles, applicants must be careful to collect the following paperwork and make sure the application form is accurate.

Furthermore, a seamless procedure depends on knowing location-specific rules and any associated costs.

Frequently Asked Questions on Legal Heirs

Q1. Who can be classified as a legal heir?

Ans1. Son, daughter, widow, mother, grandson, granddaughter, etc. 

Q2. Who are legal heirs of deceased in India?

Ans2. In the event of the death of the head of the household or a family member, the next direct legal successor, such as the wife, husband, son, daughter, or mother, may apply for the Succession Certificate.

Q3. Can a legitimate heir sell properties?

Ans3. The property of the deceased cannot be sold by someone with a Legal Heir Certificate alone. All other legal heirs must provide written authorization and a No Objection Certificate before they can move forward with the sale.

The property of the deceased cannot be sold by someone with a Legal Heir Certificate alone. All other legal heirs must provide written authorization and a No Objection Certificate before they can move forward with the sale.

Q4. Who are Legal Heirs? 

Ans4. Individuals or groups that have the legal right to inherit a deceased person’s assets and property are known as legal heirs. 

Q5. Who are legal heirs of deceased in India?

Ans5. In India, a deceased person’s spouse, children, grandchildren, or parents are all considered legal heirs and have the legal right to inherit their assets and property.

Q6. State legal heirs definition.

Ans6. A person who has the legal right to inherit property from a deceased person is known as a legal heir. This can comprise assets, obligations, or real estate. 

Q7. Is the nominee a legal heir?

Ans7.The nominee is responsible for ensuring the fixed deposit payout reaches the legal heirs of the account holder.  

Q8. How to prove legal heir?

Ans8. A legitimate identity document, a phone or cell phone bill, a gas bill, or a bank passbook with the heir’s name and address on it can all serve as proof of address for legal heirs.

Q9. Is it possible to view a legal heir certificate online?

Ans9. You can check the status of your legal heir certificate both online and offline, depending on your convenience. Checking the status of a legal heir certificate online is always simpler.

Q10. Can legal heirs sell property?

Ans10. The property of the deceased cannot be sold by someone with a Legal Heir Certificate alone. All other legal heirs must provide written authorization and a No Objection Certificate before they can move forward with the sale.