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How to Get Legal Heir Certificate in Haryana?

To choose the next legal heir of the family, it is essential to have a legal heir certificate, also known as surviving member certificate. In cases of death, family members of the deceased can claim rights of property and other assets using this certificate. 

In this article, we will focus on the process of obtaining a legal heir certificate in Haryana and other aspects related to it.

What Is a Legal Heir Certificate?

A legal heir certificate is a document that proves the authenticity of the relationship of a deceased person with other family members. This certificate remains valid for an entire lifetime and requires no renewal.

What Are the Purposes of a Legal Heir Certificate?

As already mentioned, the main purpose of a legal heir certificate is to identify the successor. However, it is not mandatory for only one person to apply for this document. If there is more than one legal successor, all may apply. Additionally, all of them must sign a deed of conveyance to give their approval without legal action.

Apart from transferring property rights, the other purposes for a legal heir certificate include the following:

  • Only a legal heir can claim bank deposits, fixed deposits, etc.
  • They can also claim insurance using this certificate.
  • This document also allows for sanctioning and processing of the pension, salary arrears, gratuity and provident fund of the deceased member.
  • In some cases, it is possible to get offers of government jobs after the passing away of a family member only if one has this certificate.
  • If someone wants to transfer services like gas, telephone or ownership of a vehicle, they would also need a family heir certificate.

 

Read more about why Property Insurance is important?

Who Is Eligible to Get a Legal Heir Certificate in Haryana?

If there is no will, immediate family members can claim a legal heir certificate in Haryana. For example:

  • Wife
  • Child
  • Father or mother
  • Siblings

What Are the Documents Required to Apply for a Legal Heir Certificate in Haryana?

Applying for a legal heir certificate may seem daunting, but it becomes easier if one meets every prerequisite aspect. For instance, one can be prepared with all the important documents that one might need while applying for a legal certificate in Haryana. 

Here is a list of the documents they will need to attach to their application:

  • Application form filled and signed by the applicant
  • Original death certificate of the deceased that the local Municipal Corporation issues.
  • PAN card of the deceased 
  • Aadhaar card of the intestate
  • Applicant’s identity proof 
  • Applicant’s address proof 
  • A self-undertaking affidavit 
  • An affidavit of the undertaking from the other applicants
  • Two copies of witness identity proof; this applies only to immediate neighbours
  • Marriage registration certificate in case a spouse applies for the certificate
  • Identity Proofs:
    • Voter ID
    • Driving licence
    • Passport or any government-issued identity card
  • Address Proofs:
    • Any valid ID proof
    • Telephone or mobile phone bill
    • Gas bill
    • Bank passbook
  • Date of Birth Proofs:
    • Birth certificate
    • School transfer certificate
    • PAN card
    • Passport

How to Apply for a Legal Heir Certificate in Haryana?

Here is a step-by-step guide for you to understand how to apply for the legal heir certificate in person.

How to Get a Legal Heir Certificate Offline in Haryana?

If you are applying for a legal heir certificate offline, follow the process mentioned below:

  • Applicants need to approach the district court of their respective area
  • Upon collecting the legal heir application form, they must duly fill in it, sign it and submit it to the concerned authority.
  • The application form must be attached with appropriate documents for processing. For example, the death certificate of the head of a family, an affidavit on stamp paper or self-declaration, etc.
  • The revenue administrative officer inspects to complete the enquiry.
  • After a successful enquiry, the person in-charge issues the legal heir certificate.

How to Get a Legal Heir Certificate Online in Haryana?

If you want to apply for a legal heir certificate online, follow the process mentioned below to proceed further:

  • Visit the official website of the State Portal.
  • The State Portal will open which is also known as ‘Antyodaya Saral’.
  • Then, enter your login Id and password if you have already registered in the portal.
  • However, if you are a new user, you can register in the portal by clicking on the 'New user' option.
  • Once the citizen registration appears, enter the following details to proceed:
    • Full Name 
    • Email ID
    • Mobile number
    • Password
    • Name of the State
  • After providing all the details, select the 'Validate' button to complete the registration. Now, you can proceed with the application procedure by submitting the application.
  • Submit the application form after entering all the details.
  • Note down your ‘application ID’ to track the status of your application later.

Now let us discuss how to check the status of the applicants are willing to check the status of their ‘Application Form’.

How to Check the Application Status of a Legal Heir Certificate in Haryana?

An applicant has to go through a few steps to check the status of the ‘Application Form’. These steps are as follows:

  • Log on to the State Portal.
  • Enter all the details in the ‘Track Your Application’ section.
  • Now click on 'Check Status' to view the status of the application.

How Long Does it Take to Get the Legal Heir Certificate in Haryana?

Typically this process takes 30 days. Nevertheless, if there is any delay or the concerned office fails to provide information, you can approach the Revenue Division Officer (RDO) of the sub-collector.

What Are the Charges to Obtain the Legal Heir Certificate in Haryana?

While issuing a legal heir certificate in Haryana, you need to pay ₹2 for a stamp and ₹20 for stamp paper to get the affidavit.

How to Get a Duplicate Legal Heir Certificate in Haryana?

If you lose a legal heir certificate, you can contact the concerned authorities to get a duplicate certificate. However, certain things to keep in mind to get a copy of the same are as follows -

  • Ensure you have the original death certificate of your family member
  • Provide the authorities with the date of issuing the certificate
  • A minimum fee may be applicable for this process

A legal heir certificate in Haryana is a document that only immediate family members can claim. The owner of this certificate is entitled to the property rights of the deceased head of the family, but they cannot sell any assets. One can apply for this certificate in person by collecting a form and submitting it to the concerned authority. Further, it can help to avoid confusion about the next rightful heir, and disputes can be settled in a sensible and peaceful way.

FAQs About Legal Heir Certificate in Haryana

Are the legal heir certificate and succession certificate the same?

Legal heir and succession certificates are different in legal terms even though they serve similar functions. The former is used to transfer properties and assets or gain benefits from their ancestors’ insurance. In contrast, the latter permits successors to claim the deceased's movable and immovable property.

Does the legal heir certificate legitimise the selling of properties of the deceased?

Owning a legal heir certificate does not allow a person to sell properties or assets of the deceased. Instead, they can only claim insurance or receive dues and arrears from the government.

What is the time limit to claim ancestral property?

The time limit to claim ancestral property is around 12 years. However, if one has a valid reason for delaying this claim, then the court may accept and process your request.