How to Get Legal Heir Certificate in Uttarakhand?

In case of the sudden demise of a family member, inheritance can become a tough problem, especially if there was no prior planning for distributing his/her assets. A legal heir certificate is an essential document needed to establish the relationship between a deceased person and the potential heirs of his/her assets.

A legal heir certificate is different from a succession certificate though there are some similarities. This blog will provide a comprehensive overview of legal heir certificates in Uttarakhand, their purpose, eligibility, documents required and application process.

A legal heir certificate is an official document that helps to start the process of inheritance and transfer of assets from a deceased person to his/her immediate family members. When a person meets an untimely death without any planning of an asset transfer, his/her legal heirs need to apply for this certificate.

One can apply for a legal heir certificate in Uttarakhand from selected government offices. It is important to note that one must possess the death certificate of the deceased family member as a mandatory document.

You need a legal heir certificate for certain requirements. Here is a list of uses of a legal heir certificate in Uttarakhand for an individual:

• To claim insurance, PPF and pension of a deceased individual
• Transfer properties from a deceased individual to his/her legal heirs
• Receive income arrears and other dues on behalf of a deceased individual
• Get employment support on compassionate appointments
• Receive gratuity from employer

 

Read more about why Property Insurance is important?

Here are the family members of deceased individuals who can apply for a legal heir certificate:

1. Husband/wife of a deceased person
2. His/her brothers and sisters
3. Parents of the deceased individual
4. Children

To obtain a legal heir certificate in Uttarakhand, one must carry all the required documents. These help establish the relationship between a deceased person and an applicant. Here are some documents that you must attach to your application form.

• A duly signed application form
• An affidavit of self-declaration
• Your date of birth proof. This includes birth certificate, PAN, school transfer certificate or passport
• Death certificate of the deceased
• Deceased person’s address proof. It can a valid identity proof, bank passbook, gas/mobile or other utility bill that states the deceased person’s name and address clearly.
• Your identity and address proof. This can be your voter ID card, passport, driving license Aadhaar card, or any identity card issued by the government.

Here are the steps to apply for a legal heir certificate in Uttarakhand:

Step 1: Approach the nearest Taluk or tehsildar’s office. You can also choose to approach the district civil court and contact a lawyer.

Step 2: The concerned officer or lawyer will provide you with an application form along with a sample form. Fill out the fresh form as per the given instructions to file an application for a legal heir certificate.

Step 3: After this, attach the required documents and an affidavit with your duly signed application form for a legal heir certificate in Uttarakhand. Consider affixing it with a stamp and paying the applicable charge. Following this, you can submit the application form and documents to the concerned officer or lawyer.

Step 4: The Village Administrative Officer or Revenue Inspector will receive your application and verify your submitted details and documents.

Step 5: After the completion of verification, they will provide you with a legal heir certificate with the names of all individuals who can inherit your deceased relative’s assets.

In certain states, you can choose to visit the government office to apply for a legal heir certificate or apply online. Having said that, you must know that it’s not possible to apply for a legal heir certificate in Uttarakhand online. Therefore, you have to approach the officers physically to get a legal heir certificate.

To obtain a legal heir certificate in Uttarakhand, it usually takes 15-30 days, provided that you have submitted the correct documents. However, if there are any discrepancies in these documents or errors in your application, the process may take longer than usual.

The stamp paper for an affidavit for a legal heir certificate in Uttarakhand is ₹20. Meanwhile, the stamp for affixation of the application form costs ₹2.

On losing or misplacing a legal heir certificate in Uttarakhand, you can apply for a duplicate or a copy. To do so, consider approaching the office you visited the first time with your deceased family member’s death certificate. You need to fill up an application form and pay a nominal charge to receive the duplicate certificate.

A legal heir certificate is an important preliminary document used to apply for a succession certificate. A legal heir certificate in Uttarakhand primarily focuses on the transfer of monetary assets from a deceased person to his/her legal heirs. However, you must remember that governing bodies can revoke this certificate if someone objects with some valid evidence.