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ArunKM1980 (Software)     22 August 2021

Legal heir and family tree

Hi Sir/Madam,
Myself and my brother are both residents of Bangalore but native from Chennai. My parents were staying in Bangalore for ~8 months in Bangalore to stay close to us during Corona timeframe. In the month of April 2021 both of them expired - father normal death and Mother died of Corona infection. All my parents documents has Chennai address and they have property in Chennai. Now if we get legal heir certificate and family tree details from Bangalore will it be accepted in Chennai or should it be created for each state separately? What documents are necessary for my and my brother to access my parents properties and saving’s such as bank savings, fixed deposits etc.?


Learning

 1 Replies

Ananya Gosain   25 August 2021

Hello, some of the important documents that you would require are -

THE DEATH CERTIFICATE 

  • It is a document that certifies officially that the person in question is the dead specifying an official record of the date and time of death,  crucial information for a life insurance claim.
  • Also, according to the Registration of Births & Deaths Act, 1969, it is compulsory to register the death within 21 days of its occurrence and if someone is late, more paperwork and extra charges will be the additional headache that you will have to take.
  • The Death Certificate is generally issued by the Municipal Corporation (Urban areas) or Gram Panchayat (in the case of rural areas) after the death is properly verified by the Municipal Corporation or the Gram Panchayat. T
  • his certificate is a necessity for all the institutions including Banks/Fund Houses/Insurance Companies regardless of the presence of a WILL or nominations. It is important to claim against his or her name. 

LEGAL HEIR CERTIFICATE 

  • A legal heir certificate is generally required for the beneficiaries of a serving or retired employee, who passed away. Generally, any levy to a man from government or nearby bodies will be paid to lawful heirs on the death of the individual. it includes advantages to legitimate heirs in the form of a provident fund, pension, gratitude, etc.
  • For getting a Legal Heir Certificate, a death certificate indicating evidence of death is important. 

CLAIM APPLICATION FORM  

This form needs to be filled by you at the time of making the claim. Depending on the asset type, the organisation will provide you. Each bank has its own claim application form, Post Office has its own and mutual funds companies have their own forms. You also have to give your bank details or other KYC details if the assets have to be transferred to your account like in the case of shares in Demat account or mutual funds portfolio.

PROBATE OF WILL

One needs to register the WILL. A “Probate of WILL” is required from Court which certifies that the WILL is authentic. So if you have to claim an asset and the WILL you have questions, you will need to get Probate from court to prove that the WILL is authentic.

SUCESSION CERTIFICATE 

Succession Certificate is necessary when there is no written WILL, absence of nomination, or when your names are not on the nominee list, but you want to claim the asset because you are legal heir. At that time, you will have to bring a succession certificate from the court, which is proof that you are a valid legal heir. ( Consult a lawyer in this case)

Hope this helps 

Regards

 


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