How to Get Legal Heir Certificate in Punjab?

Whenever a family member dies intestate, the requirement for a legal heir certificate arises. It declares and defines the legal heirs of a deceased person as per the applicable succession laws. Having this certificate provides his/her legal heirs with an ownership right of all properties and other assets owned by a deceased person.

In this article, we will discuss the purpose, process of obtaining a legal heir certificate in Punjab and more.

A legal heir certificate is an official legal document issued by the tehsildar of a particular tehsil (sub-district) which states the relation between legal heirs and the deceased person. One can also get this document from the respective municipality/municipal corporation.

This official certificate acts as a declaration of legal heirs or claimants of all the tangible and intangible assets of the deceased person. One can claim properties, financial assets, insurance claims, pension claims, etc., using this certificate.

The primary purpose of a legal heir certificate is to establish and declare the successors or legal heirs of a deceased person. It plays a significant role in establishing claims of properties owned by a deceased person. However, it is not a mandatory document or conclusive proof of succession.

Other than legal proof of succeeding property ownerships, there are several other purposes of a legal heir certificate which are as follows:

• Acts as proof for a claimant for claiming saving deposits, fixed deposits, etc., owned by a deceased person
• Acts as proof of ownership for insurance claims
• Helps in the processing of pension, gratuity, and provident funds of a deceased person
• In many cases, the legal heir of a deceased person is also entitled to a government job offer, but only on producing this certificate 
• Required for the transfer of several services like telephone, gas, ownership of a vehicle, etc.

 

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If a deceased dies intestate, immediate family members will be eligible to apply for a legal heir certificate; for instance:

• Spouse
• Son or daughter
• Mother or father
• Siblings

Along with the application form, you will require the following documents to apply for a legal heir certificate in Punjab.

• Original death certificate of the deceased issued by the municipal corporation along with its photocopy
• Aadhaar card and voter ID card of all the legal heirs
• Passport size photograph of all the legal heirs
• Residence certificate or proof of residence of the deceased
• A declaration in the form of an affidavit from all surviving legal heirs

An applicant can apply for a legal heir certificate either from the respective block office or a civil court. Listed below are the steps to apply for a legal heir certificate in Punjab via the offline mode (in person):

Step 1: You can visit one of the above offices in person to file an application.

Step 2: Obtain the application form, fill it up carefully along with your signature and submit it to the concerned authority.

Step 3: Ensure to submit this form along with the necessary documents attached. This includes a death certificate of the deceased person and a declaration as an affidavit along with your proof of identity, date of birth and residence.

Step 4: You will have to pay a certain amount for the application fees.

Step 5: Post payment & submission, the revenue officer will then verify the authenticity of your submitted documents. Next, he/she will issue a reference number and forward your application for further processing.

Step 6: A ground-level verification and scrutiny of these documents will be conducted by the concerned authorities.

Step 7: After all the checks and verification, the concerned authority will submit a report to the tehsildar. Furthermore, this tehsildar or another person in charge will now make a decision and issue you the heir certificate.

Step 8: A certified copy of the legal heir certificate will be sent to the applicant.

There is no online application process for obtaining a legal heir certificate in Punjab. To apply for the certificate, the applicant has to go through the offline process.

Usually, the processing time for issuing a legal heir certificate post submission of an application along with necessary documents can take 15 to 30 days, approximately. In case of delay, you can directly approach the Revenue Division Officer (RDO).

An applicant can obtain a legal heir certificate in Punjab by paying an application fee of ₹5.

If you have lost your legal heir certificate, you can approach the concerned authority to get a duplicate one. There are several things to keep in mind which include:

• Make sure that you have the deceased person’s death certificate in original.
• You must keep a note of this certificate’s issuing date.
• You may also have to pay certain charges for a duplicate issue.

By now, one should get all the information to know when applying for a legal heir certificate in Punjab. It provides ownership rights of assets owned by a deceased person to his legal heirs. However, this is applicable only when a deceased person has died intestate (without wills) and legal heirs are determined as per our country’s succession laws.