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How to Get Legal Heir Certificate in Madhya Pradesh?

A legal heir certificate establishes a relationship between the deceased person and his/her family members. This allows for the smooth transfer of assets in case a person passes away without leaving a will or transferring his/her properties.

One can apply for a legal heir certificate by visiting the respective government office or going to the website of their respective state government.

This blog will take you through the procedure of applying for a legal heir certificate in Madhya Pradesh and other information.

What is Legal Heir Certificate?

When a person or property-holder dies intestate, his/her legal heirs can obtain a legal heir certificate. This document facilitates the procedure of transfer of assets from the deceased to his/her heirs. It is an important document that proves the relationship between deceased individuals and potential recipients of the property. 

A legal heir certificate is valid throughout your life. You must furnish a death certificate of the deceased before applying for this certificate. Now that you know what a legal heir certificate is, let's take a look at how to get a legal heir certificate in Madhya Pradesh.

 

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What is the Purpose of Legal Heir Certificate?

A Legal heir certificate is also known as a Waris Certificate. The following list highlights the purpose of legal heir certificates in Madhya Pradesh.

  • Allows the transfer of properties and assets from a deceased person to the rightful heir.
  • Heirs can receive employment under any compassionate appointments.
  • One can claim monetary dues like provident funds and gratuity from the government on behalf of the deceased. 
  • Nominees can receive insurance benefits.
  • One can receive salary arrears from a deceased government employee.
  • It also helps to initiate the process of sanctioning the family pension plan of a deceased family member.

Who is Eligible to Get a Legal Heir Certificate in Madhya Pradesh?

The following individuals can obtain a legal heir certificate in Madhya Pradesh. 

  • Parents of the deceased individual
  • Children 
  • Spouse

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

Here is a list of documents that an individual must possess to apply for a legal heir certificate in Madhya Pradesh.

  • Application form for the certificate 
  • Identity proof that includes Aadhaar card, driving license, Voter's ID, passport and another government-issued identity card
  • Address proof of the applicant like bank passbook, telephone/mobile bill, electricity bill or gas bill that clearly states the applicant’s name
  • Date of birth proof of all existing legal heirs. This can include birth certificate, PAN card, school transfer or leaving certificate
  • Address proof of a deceased person
  • Death certificate of the deceased individual

What is the Process To Apply for Legal Heir Certificate in Madhya Pradesh?

One has to manually apply for a legal heir certificate in Madhya Pradesh since the online application service is unavailable. 

The offline application process involves a few simple steps. Here is the offline application procedure to apply for a legal heir certificate in Madhya Pradesh.

What is the Offline Procedure to Apply for Legal Heir Certificate in Madhya Pradesh?

Step 1: An applicant can visit the nearest Tehsildar or Talukdar office for this certificate. He/she can also approach the District Civil Court in his/her area.

Step 2: He/she ask for the application form from the officer’s desk.

Step 3: Now, he/she must fill up all necessary details in this form in the provided spaces. One must follow the instructions printed on the form and put his/her signature.

Step 4: The applicant must attach all the required documents along with the duly signed application form and submit them to the concerned officer.

Step 5: The local revenue officer will initiate a verification process. Village administrative officers may also take part in this process. They will verify the authenticity of your application and the documents.

Step 6: After successful verification, the applicant will receive his/her legal heir certificate in a few days.

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

After successful verification, the process of issuing the heir certificate carrying the names of all legal heirs will ensue. This usually takes 15-30 days to complete, provided the applicant submits the correct documents. 

However, if there are any inaccuracies with document submission or while filling up the application form, this process may take a longer time.

What Are Charges Applicable for Legal Heir Certificate in Madhya Pradesh?

To obtain a legal heir certificate, you need to pay an amount of ₹2 for court stamp paper along with the application form for affixation.

How to Get Duplicate Legal Heir Certificates in Madhya Pradesh?

If you have lost or misplaced your previous legal heir certificate in Madhya Pradesh, here is how you can apply for a duplicate certificate. 

Step 1: You can go to the respective office where you took the legal heir certificate previously. This can be the office of a Tehsildar, Talukdar and the district civil court. 

Step 2: Provide the necessary details, including the issuing date of your original legal heir certificate and date of death of the family member. Consider carrying his/her death certificate while applying for a duplicate heir certificate. 

Step 3: Contact a consulting lawyer and fill up the required form to get a duplicate legal heir certificate. 

By following the above steps, you can get a legal heir certificate in Madhya Pradesh easily within a short timeframe. With this, you can easily initiate the process of transferring ownership from a deceased individual to new heirs. This certificate also allows family members of a deceased individual to lead a smooth and financially strong life. 

However, it is important to remember that a legal heir certificate is a revocable document. This means authorities can seize the right of ownership of legal heirs if any discrepancies arise later.

Frequently Asked Question

Can married daughters be legal heirs?

According to the 2005 amendment of the Hindu Succession Act, both married and unmarried daughters can be the legal heir. Thus, a married daughter can also apply for a legal heir certificate in Madhya Pradesh in case of her father’s sudden demise.

Where can I apply for a legal heir certificate in India?

One can apply for legal heir certificates by visiting offices like taluk, municipality, municipal corporation or tehsil nearest to them. Applicants can also apply online by visiting the official portal of their respective states.

Can a legal heir face penalties on behalf of a deceased individual?

Yes, on misuse of powers that come with a legal heir certificate, a person has to face penalties and other legal consequences.