Find the Best Advocates for Legal Heir Litigation Services in Chennai, Tamil Nadu, India.
ADVOCATES FOR LEGAL HEIR LITIGATION IN CHENNAI
First of all, It is quite painful to lose your loved one. In fact, The pain is double when issues arise with regards to property inheritance. Many individuals are not aware of their inheritance rights. This causes rift within the family members. It is critical to understand inheritance rights of next generation.
Right of Inheritance
Right of Inheritance means transfer of property, titles & debts to another person upon individual’s death . It also includes transfer of rights & obligation to another person on death of an individual. A person can inherit/succeed property in two ways:
By a will
- A person who gets named in another person will can inherit a property. A person who makes will is testator and the person who gets named in the will is legatee.
By laws of intestate succession –
- If there is no will, legal heirs get inheritance as per laws of intestate succession.
Heirs need to get legal heir certificate when no will is there from deceased. Even banks accept legal certificates to transfer deposits, investments, shares etc.
What is a Legal Heir Certificate?
A legal heir certificate has information like age, name & association with dead person. It also has info on surviving family members martial status. Death certificate is a must for obtaining this certificate. It confirms a relationship for inheritance. It helps in transfer of assets from deceased to his heirs.
This certificate is useful for
- Insurance Claims,
- Retirement Benefit Claims,
- Pension Claims
- Gratuity & PF Claims.
- Residential plots
- Cultivable lands
- Bank Lockers
- Bank Accounts & Saving Bank Accounts
- Fixed Deposits
- Share Transfers
- Loan Continuation
Legal Heir certificate satisfies only the beneficiary claim of serving or retired employee who passed away. Our advocates will be able to help you with drafting and registration of this Certificate.
Legal Heir Certificate and Succession Certificate are two different certificates. This Certificate has limited use only. They are not conclusive proof of legitimate class of heirs of deceased. Succession Certificate is useful in case of property transfer matters when there is no will. Also in court litigation cases and financial transactions.
In case of disputes between heirs, this certificate is not enough. It is wise to consult our family lawyer. He will approach civil court for succession certificate.
Who are Legal Heirs?
The following persons are legal heirs as per Indian laws. They can get this certificate in India:
- Spouse of the deceased
- Son of the deceased
- Daughter of the deceased
- Mother of the deceased and
- Father of the deceased.
What is the procedure to get a Legal Heir Certificate?
The process of getting a this certificate is very easy. It is not a cumbersome and complicated legal process.
- You take help from our family lawyers to get this certificate from court and revenue officers. We have good contacts.
- You must approach the correct authority with death certificate to get this certificate.
- The officer hands out a form. It must be correct and complete.
- You need to submit extra requisite documents along with stamp fee.SC/ST people do not have to pay stamp fees
- Submit the form through your family lawyer.
- Once the form gets accepted, an enquiry takes place. Revenue inspector or Village Administrative Officer conducts inspection.
- When enquiry is successful, the certificate gets issued.
- It may take 15 to 30 days to get the certificate.
- When a certificate is not issued then legal heir has to approach Tahasildar along with family lawyer
- When there is no response from Tahasildar he can approach concerned RDO or sub-collector
What are the Documents required to get Legal Heir Certificate?
To get a legal heir certificate in India, the following documents are necessary:
1) Drafted and notarized affidavit.
2) Letter from Govt. Dept. of deceased employee
3) Identity Proof of Applicant –copy of any one of the following – (Voter Id/ Aadhar/ Driving License/ Passport etc.)
4) Address proof of all legal heirs- copy of any one of the following -(passport/ telephone bill/Voter Id/Ration card/Aadhar)
5) Date of birth proof of all legal heirs- copy of any one of the following-Birth certificate/ SSLC certificate/ recognized board certificate/Passport/PAN)
6) Death certificate of deceased employee in original.
7) Original Death certificate of deceased direct legal heir if any
8) “Resident certificate” of the deceased.
What is the Difference between Legal Heir Certificate and Succession Certificate?
People may think succession certificate and legal heir certificate as same. But they are different on various grounds.
- Eligibility:– Spouse, son, daughter, mother or father of deceased are eligible for legal heir certificate. Only legal heir of the deceased are eligible for succession certificate.
- Issuing authority: Government department like Tahasildar can issue Legal heir certificate. Whereas Civil court or High court can issue Succession certificate.
- Time Taken : – It takes 15-30 days to issue the certificate. It takes 7-8 months to issue Succession certificate
- Fees :– The fees for the certificate are INR 2 STAMP AND INR 20 affidavit. The fees for Succession certificate is certain value (3%) of total property value.
- Uses :– The uses of This certificate can be retirement benefit, gratuity & PF, insurance & pension claims. The uses of Succession certificate are property & possession transfer, securities and debt realization. It is also useful for paying debts or securities on behalf of deceased.
Top Advocates for Legal heir litigation services in Chennai
You need to consult a family advocate to know whether you need legal heir certificate or succession certificate. Get in touch with us. Our advocates will be able to assist you in obtaining relevant certificate and handle all property and family matters on your behalf. In fact, Our Senior Lawyers will represent you in court in case of disputes. Get in touch with Our Law firm. Our Civil attorneys are ready to assist you always.