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How to Get Legal Heir Certificate in Jharkhand?
After someone draws their last breath, their immediate family members have the complete right over his/her financial assets and property. To ensure a smooth transfer of ownership of a deceased person’s belongings, having a legal heir certificate is necessary.
This document serves as proof of relationship for surviving family members who can make claims for their inheritances.
What is Legal Heir Certificate?
A legal heir certificate is a legal document that recognises the relationship between a deceased individual and his/her legal heirs. If there is an unexpected death of any family member, a legal heir certificate needs to be issued in the name of the heir/heirs. Each heir can then claim a part or the whole assets and properties held by the deceased individual.
What Are the Purposes of a Legal Heir Certificate?
The main purpose of a legal heir certificate is to appoint the next legal heir, who can further claim the property of the deceased person. Apart from claiming the property of a deceased individual, all legal heirs should issue a legal heir certificate for:
- Claiming insurance proceeds
- Transferring all assets and properties of a deceased individual to his/her immediate legal heir
- Receiving the salary arrears of a deceased family member
- Transferring the family pension of a deceased employee
- Receiving dues which include gratuity and provident funds from the government
- For compassionate appointments granted by the deceased person’s employer
Who is Eligible to Get a Legal Heir Certificate in Jharkhand?
Not everyone can get a legal heir certificate. In Jharkhand, the following individuals are legal heirs and are eligible to get a legal heir certificate:
- Parents of the deceased person
- Kids of a deceased person
- His/her husband or wife
- Siblings, if any
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What Documents Are Required to Apply for a Legal Heir Certificate in Jharkhand?
The following is the list of documents every individual needs to produce to apply for a legal heir certificate in Jharkhand:
- A fully filled-up legal heir certificate form in Jharkhand
- An identity proof which may include an Aadhaar card, driving license, voter ID card, passport or any other government-issued identity card
- Address proof of all legal heirs which includes telephone bills, electricity bills, gas bills, and bank passbook which state the applicant’s name clearly
- Date of birth proof of all legal heirs
- Death Certificate of the deceased individual
- Self-undertaking/ legal heir testimony
- Original copy of death certificate of immediate direct legal heir of the deceased individual
How to Apply for a Legal Heir Certificate in Jharkhand?
Legal heirs can start applying for a legal heir certificate when they receive the death certificate of their deceased relative. However, one has to manually apply for a legal heir certificate in Jharkhand since the online application service is not available.
One can obtain a legal heir certificate in Jharkhand through multiple methods, including applying in person, through a civil court or through the CSC Locator portal. The processes are described as follows:
How to Get a Legal Heir Certificate Offline in Jharkhand?
There are different offline application processes for applying a legal heir certificate in Jharkhand:
1. Applying In-Person for a Legal Heir Certificate in Jharkhand
Below are the steps that applicants should follow while applying in person:
Step 1: Applicants should reach out to the Tehsildar office to apply for a legal heir certificate.
Step 2: Visit the state’s official website and select the menu option “Who’s Who” for the contact details of the concerned officer.
Step 3: Applicants can ask for the application form by visiting the district office or they can write an application on a plain sheet of A4 paper.
Step 4: Submit the filled-out application form with the required documents to the respective authorities.
Step 5: Authorities will check all the details provided in the form and provide a record number for reference.
Step 6: For further processing, the tehsildar will assign your application form to the Village Administrative Officer (VAO) and Mandal Revenue Officer (MRO) and other concerned authorities.
Step 7: All documents are scrutinised thoroughly by the above authorities.
Step 8: After thorough verification of your application, a report is submitted to the tehsildar and other authorities before issuance of a certificate mentioning the names of all legal heirs of the deceased person.
Step 9: After due verification, the applicant will obtain a legal heir certificate in Jharkhand.
2. Applying Through CSC for a Legal Heir Certificate in Jharkhand
Step 1: Visit the official website of Apna CSC Online.
Step 2: Select state, district, and block name to get a list of common service centres (CSC) with full addresses.
Step 3: Visit a CSC office and request an application form from its operator. Fill it with the necessary information, and pay the required fees.
Step 4: Attach all necessary documents with the application form and submit them.
Step 5: The operator will process the application online. Applicants are provided with an application number upon successful submission of the application form.
Step 6: Make the necessary payment as instructed by the centre operator.
Step 7: The application form is then forwarded to the respective department for further processing.
Step 8: He/she will get to know about his/her application status through an “SMS” sent to his/her submitted mobile number.
Step 9: The respective department will process the submitted application. All submitted documents will be thoroughly verified for the clarification of the applicant's details.
Step 10: Upon successful verification, the designated authority will decide whether to issue a legal heir certificate.
3. Applying Through a Civil Court for a Legal Heir Certificate in Jharkhand
Step 1: Visit High Court's official website.
Step 2: Make a petition at a civil court with jurisdiction of the deceased person’s assets.
Step 3: The court will issue a notice in newspapers and other media calling for objections to the succession certificate, if any. It will provide a period of around 45 days to receive petitions with the necessary documents.
Step 4: If the court does not receive any response within this period, it will pass an order to issue a succession certificate.
Step 5: After the completion of payment in judicial stamp papers as levied by the court, a legal heir certificate will be issued.
How Long Does It Take to Get a Legal Heir Certificate in Jharkhand?
Generally, it takes around 15 to 30 days to get a legal heir certificate in Jharkhand. If there are further delays in issuing the certificate, you can approach your local Revenue Division Officer (RDO) or a sub-collector.
How Much Does It Take to Obtain a Legal Heir Certificate in Jharkhand?
In Jharkhand, if you want to obtain a legal heir certificate, you need to pay ₹2 to purchase a stamp and ₹20 for purchasing stamp paper.
How to Get a Duplicate of a Legal Heir Certificate in Jharkhand?
If you lose the original legal heir certificate, contact the concerned authority to get a duplicate certificate. For a duplicate certificate, the following things are needed:
- Original death certificate of the family member
- Date of issuance of the certificate
- Minimum fee payment to obtain the certificate
Application for a legal heir certificate in Jharkhand is time-consuming because any minor mistake in your application form can delay your case. Thus, hiring a professional lawyer for claiming a deceased individual’s assets can make the application process much simple. All legal heirs need to complete the needed formalities to get their certificates in hand.