• What should I do next

My father recently passed away unexpectedly. With him gone, I'm trying to get a hold of the financial aspect of the situation. However, I have very little knowledge of what's to be done next. I have already procured the death certificate. From what I read online, the next document to obtain would be the Legal heir certificate. What is the purpose of this? Who and why should they get one? Also, is this the next step to be taken? What should I do next I'm confused, please help!
Asked 3 years ago in Property Law
Religion: Hindu

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11 Answers

Legal heir certificate is required for the following purpose: For transferring properties and assets of the demised person to his successors. For claiming insurance. For sanctioning and processing family pension of the deceased employee.

When a person dies without a Will or intestate in legal terms, the appropriate succession laws come into effect for the transfer of assets held by the person to the legal heirs.

Usually, families first apply for a legal heir certificate and in the event a legal heir certificate is not accepted by the relevant authority for some reason, then a succession certificate is applied for”.

 

One legal heir can apply for the certificate but he/she has to include the names of all possible legal heirs in the prescribed application form. 

 

A legal heir certificate establishes the relationship of the heirs to the deceased for claims relating to pension, provident fund, gratuity or other service benefits of central and state government departments, specifically when the deceased has not selected a nominee. Banks and private companies also accept such certificates for allowing transfer of deposits, balances, investments, shares, etc.

One needs the legal heir certificate for the following:

  • Transfer of properties and assets of the demised person to his successors (such as transferring the car or telephone/ electricity connection)
  • For insurance claims
  • Sanction and processing family pension of the deceased employee.
  • To receive dues such as provident fund, gratuity etc from the government or to salary arrears of the deceased (state or central government employee).
  • To gain employment based on compassionate appointments

The legal heir certificate can be obtained by approaching the area/taluk Tehsildhar, or from the corporation/municipality office of the respective area

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If you're alone child of your parents and the nomination in the bank account your name is mentioned then no need to get any certificate. You can apply for withdrawal from your deceased father's account. 

 

You just has to prove bank manager that you're alone child of your parents. Provide proof accordingly like ration card, your ID proof, father's death certificate.

 

Still the br bank manager listen to you then can get a legal heirs certificate from tehsildar office.


  • Legal Heir certificate is also provided for transfer of property- movable and immovable assets. 
  • A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

On father demise intestate your mother , you and your siblings are the legal heirs 

 

2) you need to apply for and obtain letters of administration from district court if your father left behind immovable property 

 

3) file petition for LA , enclose death certificate of deceased father, schedule of property 

 

4) if there is no contest you would get LA in 6 months 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Someone has to step into the shoes of your deceased father so that other organizations can safely deal with such person without incurring any legal liability 

For example if there is a borrower of your father then he can safely repay the loan to the person who holds a legal heir certificate 

So next step is to obtain a letter of administration or a legal heirship certificate 

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1. Do you have knowledge of his assets? If not, this is the first knowledge you must try to gain.

2. Depending on the nature of his assets and nominations done by him, the legal heir certificate may or may not be required.

3. Consult a lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A legal heir certificate must be obtained from the district court where the property is located. For that a suit has to be filed. 

For financial issues ie nbank accounts/mutual funds/shares etc. If he made a nominee then it's ok. Otherwise a succession certificate has to be obtained.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Is there any immovable property in the name of your father?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Death and legal heir certificate can help in securing your legal rights over your father's properties.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

- As per law, after the death of your father , his property and assets would be devolved upon his all legal heirs i.e. your mother and other siblings including sisters equally.

- Further, in case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs.

- Further, this  is a very important document to establish the relationship between the deceased and legal heirs.

-  Further, this certificate can be obtained from the municipality/corporation by any of the legal heir of the deceased person.

- Further this certificate can be used for:

  • For transferring properties and assets of the demised person to his successors.
  • For claiming insurance.
  • For sanctioning and processing family pension of the deceased employee.
  • To receive dues such as provident fund, gratuity etc from the Government
  • To receive salary arrears of the deceased, state or central Government employee.
  • To gain employment based on compassionate appointments. 

  • The following documents are required to get the legal heir certificate :

  • Signed application form
  • Identity/Address proof of the applicant
  • Death certificate of the deceased
  • Date of Birth proof of all legal heirs
  • A self-undertaking affidavit
  • Address proof of the deceased

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Dear Sir/Maam,

1) Fist find out information about whether father had left a will, his financial accounts and immovable properties.

2) After that if you are his only heir he may have made you nominee to his accounts., In  that case you can - 

inform bank of your father demise . enclose copy of death certificate, on being satisfied about death of account holder, valid nomination , identity of nominee bank would transfer funds to your account.

3) A legal heir certificate helps to identify the rightful heir who can claim the assets/properties of the deceased person. All eligible successors should possess this certificate to put their claim over the property of the deceased.

Legal heir certificate is required for the following purposes:

  • Transferring properties and assets

  • Insurance claims

  • Pension Claims

  • Receive dues such as provident fund, gratuity etc from the Government

  • Receive salary arrears of the deceased, state or central Government employee

  • To gain employment based on compassionate appointments 

Thank you

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

1. First find out he properties your father has left.

 

2. You collect the death certificate of your father since it may be required in several cases in future.

 

3. If your father has left no movable or immovable properties, you won't have to do the exercises you have mentioned in your query like collecting legal heir certificate etc.

 

4.  If your father has left properties then you shall have to collect legal heirs certificates and thereafter all the said legal heirs of your father can claim shares of his properties.

 

5. If you are his only legal heir, then you will be able to claim all his properties based on the said legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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