How to Get Legal Heir Certificate in Gujarat?

When a person dies without any will or appointing any nominee behind, his/her heirs need a legal heir certificate to claim his/her belongings. This certificate establishes the relationship between a deceased person and his/her heirs and allows them to claim financial assets and properties.

In this article, we will discuss in detail what a legal heir certificate is and how the legal heirs of a deceased person can obtain a legal heir certificate in Gujarat.

A legal heir certificate is an important document that denotes the relationship between a deceased person and his/her legal heirs. When a person dies, his/her legal heir inherits all properties and liabilities. Legal heir certificates are issued to transfer and distribute assets such as real estate, money in bank accounts, mutual funds, etc., among the deceased’s legal heirs.

A legal heir certificate serves the purpose of identifying the right successor. All eligible successors should use this certificate to claim the financial assets and properties of a deceased person. Thus, a legal heir certificate is required to:

• Transfer all assets and properties of a deceased person to the right successor
• Claim the pension of a deceased worker through official channels
• Claim gratuity, provident funds, if there are any, from the government
• Receive the pending salary of a deceased person, employed in the state or central government
• Claim any payouts from insurance policies

Apart from these benefits, some responsibilities of a deceased person are also transferred to his/her legal heirs. This includes filing ITR, paying telephone/electricity bills, transferring Patta, repaying debt, etc.

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If a deceased individual does not leave a will, his/her immediate heirs are eligible to obtain a legal heir certificate in Gujarat. Here are the eligible heirs of a deceased person:

• Son
• Daughter
• Spouse
• Father
• Mother

To obtain a legal heir certificate, one must fill up the application form for a legal heir certificate in Gujarat in detail. Applicants must make sure that all requested documents are thoroughly verified.

Following is a list of documents one needs to attach to his/her application:

• Proof of identity: PAN card or driving license
• Proof of residence: Passport, copy of voter ID card
• Copy of ration card
• Copy of Pension Payment Order (PPO)
• Panchnama (As per Annexure- 4/47)
• Attested copy of the prescribed form
• Attested copy of letter from the pension office
• Affidavit regarding the right of heirs (as per Appendix- 2/13)
• Death certificate of the deceased person
• Passport-size photograph of the heir

One’s application needs to be addressed to a gazetted officer of his/her respective state government. If any particular page in this application form is incomplete or proper evidence is not submitted, the application will be rejected.

Applicants can obtain a legal heir certificate in Gujarat through offline or online mode.

What is the Offline Application Process for a Legal Heir Certificate in Gujarat?

If you are applying for a legal heir certificate through offline mode, make sure to follow the steps below:

Step 1: Visit the Mamlatdar or Jan Seva Kendra office to collect the application form.

Step 2: Fill out the entire form and attach all necessary documents for easy approval. 

• If there is a need for Javab Panch Namu in the form, two people along with the applicant should visit the office for verification. 
• If there is no need for any proof, the office will issue an affidavit as mentioned in the form.

Step 3: If Javab Panch Namu is not needed in the form, applicants can visit the office of the Collector or District Magistrate to submit the form along with the required documents. Submit the required fees in this office.

Step 4: Collect your legal heir certificate from this office after a specified period, once it is issued.

What is the Online Application Process for a Legal Heir Certificate in Gujarat?

If you are applying for a legal heir certificate in Gujarat online, follow the below steps:

Step 1: Visit the official website of the State portal and click on ‘login’ at the top of the Digital Gujarat page.

Step 2: If not registered on the digital portal, register yourself by clicking on 'click for new registration' under ‘new user’ on the website.

Step 3:  Fill out all the necessary details on the user registration page and click ‘submit’.

Step 4: You can sign in on the digital portal using any one of the following:

• Aadhaar number
• Mobile number

Click on ‘login’ after entering the registered password and required CAPTCHA.

Step 5: Select the ‘revenue’ option on the website and click on ‘varsai certificate/legal heir certificate’.

Step 6: Select your preferred language (Gujarati or English) to fill out the application form. Applicants can download the Gujarati keyboard when applying online.

Step 7: Enter the following details in the application form:

• Basic details
• Occupational details
• Family details
• Legal heirs’ details
• Deceased person’s details

Step 8: Click on submit and upload scanned copies of the document.

Step 9: After submitting your application successfully, print the application form and proceed with online payment. There are two modes of payment: 

• Using Gateway
• Using E-wallet

Step 10: After selecting your preferred payment option, click on the “Send OTP” button to proceed with the payment.

Step 11: Input the OTP and click on "Confirm" to complete the entire process of payment.

To inform the status of one’s submitted application for a legal heir certificate, the concerned authority will send him/her an SMS. They will not have to visit the nearest centre to know their application status.

After processing the application, it may take up to 60 days, excluding government holidays to get a legal heir certificate in Gujarat. Nevertheless, if there is a delay, you can approach the Tehsildar through a lawyer. If there are further details, you should contact the concerned RDO or sub-collector.

To get a legal heir certificate in Gujarat, you need to pay ₹20 only. This certificate remains valid for a lifetime.

If you lose your original legal heir certificate, immediately contact the concerned authority in your state and ask for a duplicate. Provide them with details of your deceased relative and the date of issuance of your previous certificate. A minimal fee may be applicable for the entire process.

Taking into consideration the importance of a legal heir certificate in Gujarat, applicants need to provide every factual detail while filing their application. Upon the issuance of this certificate, a deceased person’s immediate family members can claim his/her property and settle all disputes peacefully.