An unexpected or sudden death within a family could be the cause of unending mayhem, specifically when there is an involvement of heir and transfer of assets. On obtaining the death certificate from the authorities, an individual becomes eligible to qualify for the legal heir certificate, which as a document pronouncing the relationship of the deceased with a said, individual.
This legal document is a statement permitting the access to assets and money belonging to a dead person to the name of the holder, which might usually be a close family member, and also avail insurance, retirement benefits, provident funds, and pension. Family lawyers play a significant role in drafting and registering this certificate
Legal heir certificate services by MyAdvo provide an opportunity for the grieving family members to apply for these documents with ease and expect the completion of the formatting of the certificate within a short period and with great efficiency. Spouse, children (son/ daughter), parents, or the siblings of the dead person are eligible for the heir certificate.
Some of the major uses of a legal heir certificate are listed below
- Transfer of the assets and properties of the deceased into the account of the legal heir.
- Availing insurance benefits and pension.
- Government-issued dues such as provident funds can be claimed through this certificate.
- Certificate holders of the deceased employees of state or central government could receive salary arrears.
- Employment opportunities are provided using compassion points.
Steps involved in receiving the legal heir certificate
The family of the deceased need to follow a certain procedure in order to officially and legally procure a legal heir certificate, which could further be used in obtaining existing properties and assets.
Legal heir certificate services by Myadvo ensures a hassle-free settlement, formatting, and registration of the document, some necessary steps which are followed are included for the convenience of the customers.
- A direct approach to the management or the authority responsible for creating a draft by the legitimate heir of the deceased is mandatory along with the required documents such as the death certificate, obtained from the municipality or corporation office), the name of the heir and their relationship with the dead person.
- The submission of an affidavit, which should be approved by a lawyer, is a necessity.
- On the submission of the required documents, the revenue officer conducts an inquiry, after which the legal heir certificate id issued.
A succession certificate is a statement issued to the descendant of the dead person, in case of the non- existence of a will. The certificate holder is held responsible for the debts of the deceased as well as the security transfer, such as property and assets. The district judge of the relevant jurisdiction allots the succession certificate to the successor.
Steps involved in processing the succession certificate
- A verified and signed petition and a certain amount of fee need to be submitted by the applicant to the district judge.
- Upon inspection of the submitted documents by the judge, a hearing date is fixed.
- After the hearing, the final decision lies in the hands of the judge.
The heir certificate and a succession certificate are two completely different sets of documents, which are received after the death of a family member.
A few of the differences between the two have been compiled into a list and provided below.
Time period:
A legal heir certificate can be obtained by the applicant with a span of 15 to 30, a succession certificate, on the other hand, might extend to a larger time period such as 45 days or so. This is due to the need for court approval in order to receive a succession document.
Fee Required:
The total fee of a legal fee certificate would account for 20 INR for the stamp paper used in the affidavit and 2 INR for the stamp. For receiving the succession certificate, 3 percent of the total value of the property will be deducted.
Significance:
A legal heir document is used for purposes such a claiming of pension, insurance benefits, PF retirement, and gratuity. A succession certificate can be used for settling and reclaiming of debts, and the transferring of security, property, and assets to the name of the applicant from that of the deceased individual.
Eligibility Criterion:
A legal heir certificate can be obtained by the wife, husband, daughter, son, parents, or the siblings of the deceased. The applicant for a succession certificate needs to be the legal heir, any other application would be deemed invalid by the evaluating judge.
Issuing Authority:
This document is issued by a revenue officer of the district, after through inquiry, and the succession certificate is issued by the court to the legal heir of the dead person.
Author bio:
Samuel D’mello has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has now acquired over 4+ years of professional experience in providing legal consultancy and advisory services. Samuel graduated from J.N. Petit School & Symbiosis Law School.
