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mohit   11 January 2021

legal representative

for bringing legal representative is death certificate must to produce?


Learning

 1 Replies

175B083 Mahesh P S   11 January 2021

Hello,

In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs. A legal heir certificate is a very important document to establish the relationship between the deceased and legal heirs. Once the death certificate is obtained from the municipality/corporation, it is required that the successors apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. Usually, lawyers help draft and register a legal heir certificate.

Hence death certificate is mandatory.

These are the other requirements:

Procedure to Obtain Legal Heir Certificate

Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs’ of the deceased person and is issued only after a proper enquiry. Listed below are the steps involved in the process of obtaining a legal heir certificate:

  • The legitimate heir of the deceased person must approach the appropriate authority in the respective area

with a signed application. This application should contain the names of all the legal heirs, their relationship with the deceased and addresses of the family members. The death certificate of the departed person should also be attached. (Death certificate must be obtained from the municipality/corporation office)

  • An affidavit on stamp paper has to be submitted.
  • 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

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 then approach the Revenue Division Officer(RDO)/sub-collector. 

Documents Required

In order to obtain a legal heir certificate, following is the list of documents required:

  • Signed application form
  • Identity/Address proof of the applicant
  • Death certificate of the deceased
  • Date of Birth proof of all legal heirs
  • A self-undertaking affidavit 
  • Address proof of the deceased

Note: 

  • Identity Proof of Applicant can be voter’s ID, Aadhaar Card Driving License, Passport or any other government-issued identity card.
  • Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the legal heir
  • Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, PAN card, passport etc.

Thank you


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