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Key Takeaways

  • When a family member or the head of the family dies, the next legal heir of that person can file for a Varisan certificate. This Certificate is typically necessary for beneficiaries of a deceased serving or retired employee.
  • In the event of a family member's untimely death, a Varisan certificate must be obtained in order to transfer the deceased's assets to his or her legal heirs. A Varisan certificate is a crucial document that establishes the deceased's link with his or her lawful heirs.
  • The person seeking a Varisan certificate must go to the district tahsildar office with the deceased's death certificate, produce a form, and submit an application. The person must fill out an application form and ensure that all of the information provided is accurate and complete.
  • To lay a claim on the deceased person's property, all eligible successors must have this certificate. This certificate can be used for insurance claims, retirement benefit claims, pension claims, gratuity and PF claims, among other things.

Varisan Certificate - Definition

When a family member or the head of the family dies, the next legal heir of that person can file for a Varisan certificate. This Certificate is typically necessary for beneficiaries of a deceased serving or retired employee. If that retired person dies, his or her family pension benefits will be distributed to legitimate heirs. Generally, any charge imposed on a man by the government or surrounding bodies will be paid to his legitimate successors upon his death. A provident fund, pension, gratitude, and other benefits may be available to rightful heirs.

The names, ages, relationship to the deceased, and conjugal status of all remaining family members are usually listed on the Varisan Certificate. A death certificate indicating evidence of death is required to obtain a Varisan Certificate. The Major Panchayat/Municipality/Corporation/RO of Mandal where the death occurred issues this death certificate.

In the event of a family member's untimely death, a Varisan certificate must be obtained in order to transfer the deceased's assets to his or her legal heirs. A Varisan 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 Varisan certificate to assert their claim to the deceased person's property and debts. Typically, lawyers assist in the drafting and registration of a Varisan Certificate.

An heir is a person named by the law to inherit an ancestor's estate if he or she dies without leaving a will. A legal heir is a term that refers to a person who inherits property by a will or through law.

Procedure for Obtaining Varisan Certificate

Eligibility

A Varisan certificate can be applied for by the deceased person's husband/wife, son/daughter, or mother.

Instructions

It is issued by the district tahsildar office for the person whose parent/husband/wife died intestate; it is issued to build a relationship for claims related to pension, insurance, administrative/service advantages, retirement benefits of state and central government offices, government works, and so on; and it is issued to get occupation like compassionate appointments.

The person seeking a Varisan certificate must go to the district tahsildar office with the deceased's death certificate, produce a form, and submit an application. The person must fill out an application form and ensure that all of the information provided is accurate and complete; it is also required that the person lodging the application has all of the required information and documents; and it is also required to affix a court fee stamp (INR 2) on the application form, with SC/STs being exempted from this requirement.

Documents Required to be Attached with Application

The deceased's name

Certificate of Death In the case of a serving employee, the original Service Certificate issued by the head of the department/office is required.

Aadhar card and ration card

In the event of a pensioner, the office of the accountant general issues a payment slip.

Names and relationships of family members

Signature of the applicant

Application submission date

Address of residence

A 20-rupee affidavit on stamp paper

The form must be sent to the Taluk's Tahsildar when it has been completed and filled out with all essential information and papers. The legal heir can be obtained from the Taluk/Tahsildar or district civil court in the person's area.

Following the submission, 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 report in the appropriate format after the verification.

If the certificate is not issued within a reasonable time, the person concerned can remind the tahsildar, and if no response is received, the person can contact the RDO/sub-collector involved.

Legal Heir Under Hindu Personal Law

Any man or female who is entitled to inherit an intestate's property is referred to as an heir (person dying without declaring a will).

Here is an explanation of who is a legal heir and their succession rights over the property for a male Hindu.

Widow, son, and daughter

Mother

Son of a pre-deceased son

Daughter of a pre-deceased son

Son of a pre-deceased daughter

Daughter of a pre-deceased daughter

Widow of a pre-deceased son

Son of a pre-deceased son of a pre-deceased son

Daughter of a pre-deceased son of a pre-deceased son

Widow of a pre-deceased son of a pre-deceased son.

The property will be inherited simultaneously and to the exclusion of all other heirs.

When there is no surviving heir from the list above, who are the legal heirs?

The legitimate heirs are specified under Class II of the Hindu Succession Act in such cases. If there are no heirs of class I, the property passes to the heirs of class II of the Schedule of Indian Succession Act, who are the relatives listed in class II. Class II heirs include:

Class I

  • Father.

Class II

  • Son’s daughter’s son,
  • Son’s daughter’s daughter,
  • Brother,
  • Sister.

Class III

  • Daughter’s son’s son,
  • Daughter’s son’s daughter,
  • Daughter’s daughter’s son,
  • Daughter’s daughter’s daughter.

Class IV

  • Brother’s son,
  • Sister’s son,
  • Brother’s daughter,
  • Sister’s daughter.

Class V

  • Father’s father
  • Father’s mother.
  • Father’s widow
  • Brother’s widow.

Class VII

  • Father’s brother
  • Father’s sister.

Class VIII

  • Mother’s father
  • Mother’s mother.

Class IX

  • Mother’s brother
  • Mother’s sister

The rule of succession is that those in the first entry in class II are preferred over those in the second entry, those in the second entry are preferred over those in the third entry, and so on in order, with sub-classes divided equally.

A female Hindu's legal heir

The following is a list of a female Hindu's legal heirs as defined by Hindu succession law. The property of a female Hindu who dies intestate will pass to her legal heir.

First, onto the husband's sons and daughters (including the offspring of any pre-deceased son or daughter), second, upon the husband's heirs, third, upon the mother and father, fourth, onto the father's heirs, and finally, upon the mother's heirs.

In the absence of any son or daughter of the deceased (including the children of any pre-dead son or daughter), any property inherited by a female Hindu from her father or mother passes to the father's heirs.

In the absence of any son or daughter of the deceased (including the offspring of any pre-dead son or daughter), any property inherited by a female Hindu from her husband or father-in-law passes to the husband's heirs.

Muslims' legal heirs in India under Sharia law

Husbands must be legally married to be eligible. Marriages that are secret or undocumented are not eligible.

There is no limit to how many wives you can have. Marriages that are secret or undocumented are not eligible. If the iddah time has not yet ended, a divorced wife is eligible.

Adopted sons, stepsons, and illegitimate sons are all ineligible.

Adopted daughters, stepdaughters, and illegitimate daughters are all ineligible.

Only the sons of the sons of the sons of the sons of the sons of the sons of the sons of the son Sons of daughters are not eligible.

Granddaughters are only eligible if they are the daughters of a son. The daughters of a daughter are ineligible.

Illegitimate or stepfather fathers are not eligible.

A mother who is either an illegitimate mother or a stepmother is ineligible.

Only the father's father qualifies as a grandfather. The father of the mother is ineligible.

The mother of the father's paternal grandfather is eligible.

The maternal grandmother, who is the mother of the mother, is eligible.

Brothers who share the same father and mother as the deceased are known as full brothers.

Sisters who share the same father and mother as the deceased are known as full sisters.

Brothers who have the same father but a different mother are known as paternal brothers.

Sisters who have the same father but a different mother are known as paternal sisters.

Maternal Brothers are brothers that have the same mother but are of a different ethnicity.

Sisters of the Mother Sisters who have the same mother but not the same father.

Full Nephews

Only the son of a brother is eligible. The son of the sister is ineligible.

Nephews of the Father

Only the son of a paternal brother is eligible. The daughter of a paternal brother is ineligible.

Paternal brother’s son’s son

Father’s full brother

Father’s full brother’s son

Father’s paternal brother

Father’s paternal brother’s son

Father’s full brother’s son’s son

Father’s paternal brother’s son’s son

Father’s full brother’s son’s son’s son

Father’s paternal brother’s son’s son’s son

Purpose For Obtaining Varisan Certificate

  1. For the purpose of distributing the decedent's property and assets to his heirs.
  2. For the purpose of filing an insurance claim.
  3. For the purpose of approving and processing the deceased employee's family pension.
  4. To get government benefits such as provident fund, gratuity, and so on.
  5. To receive the deceased's wage arrears as a state or federal government employee.
  6. To find work through compassionate appointments.

In general, when purchasing or registering a property, the buyer should request a Varisan 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.

Judicial rulings on the issuance of a Varisan Certificate

Nothing in this universe is flawless; everything has defects, and this certificate is no exception. There is a risk that disagreements will arise regarding the issuance of this certificate, which might be due to corruption, delay, or fraud, among other things. As a result, below are some of the Indian judiciary's case laws on this topic, as listed below.

Periyaswamy vs Inspector, Vigilance And … on 23 March, 1999 CriLJ 2944

In this case, the offender, a revenue official, demanded Rs. 300 as a bribe in exchange for providing the inquiry report that is used to verify the issuing of a legitimate heir certificate. As a result, the appellant has been condemned to incarceration till the court rises, as well as a fine of Rs 1000.

V. Selvarani vs The Chairman on 21 March, 2011, WRIT PETITION NO.20949 OF 2009

Petitioner's husband worked as a Lineman for the second respondent and died in harness and intestate on December 1, 2003. Petitioner filed numerous requests to the second respondent for compassionate appointment within one year of the deceased's death, but her requests were denied on the grounds that petitioner is the second wife, according to the certificate dated 20.01.2004, and thus she is not entitled to the same. Petitioner filed an action, and the court determined her to be the legally married wife. Following the verdict, the petitioner went to the competent authorities to have the certificate cancelled and a new certificate issued, and then she went to the fourth respondent for compassion, and again her request was rejected on the ground of delay.

Petitioner's initial representation was made within three years of the deceased's death, and she has continued to pursue her case since then, thus her subsequent representation cannot be considered a belated application. As a result, the court determined the petitioner's submission was timely, i.e. within three years.

Vandana Bhimrao Jadhav vs Inhabitant Of Mumbai on 22 October, 2013, MISC. PETITION NO. 110 OF 2011 IN MISC. PETITION NO. 91 OF 2009

When he filed a petition for issue of a Varisan certificate, the respondent in this instance did not disclose the identities of the other petitioner nos. 2 to 4 as the legal heirs of the deceased. As a result, the petitioners are entitled to have their names included in the Varisan certificate issued by this Court in Petition No. 91 of 2009 as legal heirs issued in favour of the respondent under section 2 of the Bombay Regulation VIII of 1827.

Conclusion

A Varisan certificate indicates the appropriate successor, who can subsequently claim the deceased person's assets and property. To lay a claim on the deceased person's property, all eligible successors must have this certificate. This certificate can be used for insurance claims, retirement benefit claims, pension claims, gratuity and PF claims, among other things. Although this certificate is not valid in property transfer cases where a person dies without a valid will, court litigation, and transactions with financial institutions or money related companies and banks, it is valid in other situations.


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