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.

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.

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

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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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

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:

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.

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.

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.

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.