How To Get A Legal Heir Certificate In Maharashtra​?

Losing a loved one is an emotional process, and the added responsibility of the subsequent legal matters can also be overwhelming. In Maharashtra, one crucial document that helps in this process is the Legal Heir Certificate (LHC). A legal heir certificate is an important document, as it identifies the legitimate successors of the deceased. The certificate will help to identify the legal heirs and how they are related to the deceased. This will be required to persons who claim insurance, inherit property, utilize the deceased’s bank accounts, deal with the creditors, and resolve other land, financial, or legal matters. Therefore, should the legal heirs fail to obtain a legal heir certificate, it is possible that there may be a delay or issue dealing with the estate of the deceased. The certificate serves as legal proof that the parties identified are indeed the “legal successors” as provided by law and ensures proper transfer of the assets of the deceased to the rightful parties. 

To obtain a legal heir certificate, the applicants are required to submit an application, documents, and follow a prescribed administrative process. While this may be an administrative and bureaucratic process, the legal heir certificate is valuable for the purposes of protecting the interests of the legal heirs. In addition, obtaining a legal heir certificate in a timely fashion will minimize disputes and complications to help distribute estates smoothly.

In this article, you will get to know about;

• Why You Should Obtain A Legal Heir Certificate In Mumbai?
• Process To Apply For A Legal Heir Certificate In Maharashtra.
• Uses Of Legal Heir Certificate In Maharashtra.

What Is A Legal Heir Certificate?

A Legal Heir Certificate is a legitimate document issued by a competent authority, commonly a Tahsildar or Talathi in Maharashtra, that identifies and certifies legal heirs of a deceased person. It establishes the relationship between the deceased and the surviving family members, such as spouse, children, parents, and siblings.  

A Legal Heir Certificate does not confer ownership of the property of a deceased person; it is primary evidence to identify the rightful claimants of the deceased person's assets and dues. It is an essential document in accordance with a variety of administrative and legal requirements after an individual's death.

Why You Should Obtain A Legal Heir Certificate In Mumbai?

• Transfer of Property: As a primary document required by several authorities, such as the Sub-Registrar, the scope of the Legal Heir Certificate ensures the transfer of ownership of the deceased's immovable properties (land, house, etc.) to the legal heir(s).  
• Claiming Insurance and Bank Deposits: The various insurance companies and banks will require a Legal Heir Certificate before paying out the funds to the legal heirs for the deceased's insurance policies, other bank accounts, and fixed deposits.   
• Settlement of Pension and Provident fund: Once again, government departments and organizations may request this certificate for disbursement of the pension and Provident fund to their legal heirs (refer to relatives).   
• Obtaining Employment on Compassionate Grounds: If a family member of a deceased government employee requires employment on compassionate grounds, the Legal Heir Certificate will be required as a basic document to show their relationship with the deceased.   
• Other Legal and Administrative Procedures: The Legal Heir Certificate may be needed for many other legal and administrative needs, such as utility connections from the utility provider under the legal heirs' names, tax returns for the deceased, and any other dealings with various government departments.

Content Of A Legal Heir Certificate

• Name of the deceased.
• Date of death of the deceased.
• Names of all the legal heirs of the deceased
• Age of each legal heir
• Relationship of each legal heir with the deceased
• Address of the legal heirs
• Date of issuance of the certificate
• Name, designation, and seal of the issuing authority (Tahsildar/Talathi)

Who Can Apply For A Legal Heir Certificate In Maharashtra?

Any legal heir of the deceased can apply for a Legal Heir Certificate. 

List of eligible heirs

Legal heirs in India are classified on the basis of Class I and Class II heirs as defined under the Hindu Succession Act, 1956, which applies to Hindus, Buddhists, Jains, and Sikhs. Other religions are governed by their personal laws, which dictate their inheritance process.

• Class I Heirs: The main legal heirs qualified to inherit a deceased's property are close relatives who are the first level of heirs. This includes the deceased's spouse (husband or wife), son, daughter, and mother. Likewise, the legal heirs extend to all descendants and surviving family members of predeceased children, such as the widow, son, and daughter of a predeceased son; the widow of a predeceased son of a predeceased son; and the son and daughter of a predeceased daughter. 
• Class II Heirs: Class II heirs are only considered if there are no surviving Class I heirs. Class II heirs fall under a succession structure of classes that are categorized in hierarchical levels, and heirs in a class will take precedence over heirs at subsequent hierarchical levels. Because of the structure, Class II heirs provide a clear order for succession. Class II heirs include the father, siblings (brother and sister), grandchildren, including (son's daughter’s son and daughter’s son’s son), paternal and maternal grandparents, and relatives as listed in the succession laws and as further defined in the relevant succession statute.

Step-by-Step Process To Apply For A Legal Heir Certificate In Maharashtra

Getting the Legal Heir Certificate in Maharashtra is important for heirs in order to claim their respective rights over the property of the deceased. The application form can be filled, both online as well as offline. Here is a complete guide.

Online Application Process

Applying for a legal heir certificate in Maharashtra is made easier with the online application process, as you can apply from home. The official e-services portal of the state assists with a faster and more efficient process.

• Visit the MeeSeva portal: Access the original MeeSeva website to begin the procedure for application. 
• Register/Login: Create a new account or login using existing credentials to use the services. 

• Service Selection: Choose "Legal Heir Certificate" among other services available in the portal. 
• Form Filling: The application form is filled incorrectly with all necessary details related to the deceased and personal information. 
• Upload Documents: Attach scanned copies of the necessary documents, proof of death certificate ID. 
• Submit Application: Pay the application fee through online means and submit the filled form for processing. 
• Verification: Wait for the approval of the relevant authorities regarding the verification of details.

Offline Process

To apply for a legal heir certificate offline in Maharashtra, you have to visit the local government offices and physically submit the required documents. Follow the instructions below step-by-step.

• Visit Taluk Office: For starting the application, go to the nearest Taluk or Tehsildar office.
• Obtain Form: Request the Legal Heir Certificate application form from the office staff.
• Fill Form: Careful completion of the form with all necessary details about the heirs and the deceased.
• Attach Documents: All essential documents, including the death certificate and ID proofs to be attached.
• Submit application: Finally, submit the filled-in form, the attached documents, and the fees at the office.
• Verification: Wait for the authorities to verify submitted information, and you will be issued the certificate.

Tips For Smooth Application Process

• To facilitate the application process, collect the documents required ahead of time to avoid any delays. 
• Complete the application form with care and accuracy to ensure consistency with the other documents, as errors or discrepancies may lead to rejection. 
• Self-attest all photocopies prior to submission, to ensure that they are legitimate copies of the original documents. 
• If you are applying offline, check in regularly with the appropriate office to inquire about your application status. 
• Be responsive and prepared to answer any additional questions that the authorities may have, your responses will be helpful to you during the verification process.

Important Documents Required For Legal Heir Certificate

• Application form (duly filled)
• Death certificate of the deceased
• Identity proof of the applicant (e.g., Aadhaar card, Voter ID, Passport)
• Address proof of the applicant (e.g., Aadhaar card, Ration card, Electricity bill)  
• Proof of the relationship of the applicant with the deceased (e.g., birth certificate, marriage certificate)
• Self-declaration affidavit by the applicant and other legal heirs (as per the prescribed format)  
• Address proof of the deceased (e.g., Ration card, Electricity bill)
• Copies of relevant property documents (if applicable and available)
• Any other documents as may be required by the issuing authority.

Where To Apply For Legal Heir Certificate In Maharashtra?

Taluk Office (Tehsil Office) is the main authority for providing Legal Heir Certificates in Maharashtra, particularly in rural and semi-urban areas. You should visit the Tahasildar or Talathi's office, whichever jurisdiction the deceased was residing in.

Court Fee For Legal Heir Certificate In Maharashtra And Time Taken

In Maharashtra, the usual court fee is Rs. 200 fixed for a Legal Heir Certificate. However, the fee may differ with the specific court or jurisdiction; hence, it is best to confirm from the local court or jurisdictional rules. For widows applying for probate or letters of administration (with or without a will annexed) in Civil Court, the maximum court fee stands reduced to Rs. 10,000.

The time taken to obtain a Legal Heir Certificate can vary. It should ideally take 15 to 30 days from the application date, given all necessary documents are in place and the verification process concludes smoothly; additional days might involve a delay caused by factors, including the workload at the issuing office, the complexity of the case, and the efficiency of the verification process.

Authority Responsible For Issuing Legal Heir Certificate

Normally, the Tahsildar of the concerned taluka (administrative division) maintains legal authority in the matter of issuing Legal Heir Certificates in Maharashtra. Sometimes, the Talathi (village-level revenue officer) may also be authorized to issue this certificate or at least take part in the preliminary verification.

How To Download Legal Heir Certificate?

If you applied for a Legal Heir Certificate online and it is approved, typically you will have a chance to download a digitally signed file from the online portal you submitted the application, so check the status of your application online and make sure to log into your account. Normally, if the certificate is issued, there should be a communication for the download link or button. 

If you applied offline, you will have to visit the Tahsildar's office or the Talathi's office where you made the application, to obtain the physical certificate.

How To Track Application Status?

• Online Application: If the application was submitted online, then the online portal should have a tracking option to show some progress on awarding applications. You will typically receive some sort of reference number for your application, either in the form of an email or a number you can use to check the status of your application on the site.
• Offline Application: If you submitted your application offline, you will need to visit the Tahsildar's office or the Talathi's office to check the status of your application. You should keep your receipt or acknowledgment slip from when you lodged the application, as you may have to show it to track the procedure on the application. Importantly, keep their contact details and their name for further follow up or contact regarding your application.

Uses Of Legal Heir Certificate In Maharashtra

• Transferring ownership of immovable and movable properties.
• Claiming life insurance proceeds.
• Accessing funds in bank accounts and fixed deposits.
• Receiving pension and provident fund benefits.
• Applying for compassionate employment.
• Settling other dues and claims of the deceased.
• Dealing with various government departments and agencies.

Sample Format Of Legal Heir Certificate In Mumbai

A sample format for legal heir certificate is:

Legal Heir Certificate

Government of Maharashtra
Revenue Department
Office of the Talathi / Tehsildar
(District, Taluka, Village/City)

Certificate No.: [__________]
Date of Issue: [DD/MM/YYYY]

This is to certify that:

Shri/Smt. [Name of the Deceased], son/daughter of [Father’s Name], resident of [Full Address], expired on [Date of Death] at [Place of Death], as per the details and documents submitted.

As per the inquiry conducted and documents verified, the following persons are declared as the Legal Heirs of the deceased:

This certificate is issued for the purpose of [e.g., claiming insurance, pension, property transfer, etc.], and has been prepared based on the available information, statements of concerned persons, and local inquiry.

Signature & Seal:
Talathi / Tehsildar
Name: []
Office: []
Date: [DD/MM/YYYY]

Conclusion

Acquiring a Legal Heir Certificate in the state of Maharashtra is an important step in settling the affairs of a deceased family member. It validates the legal heirs, who can lay claim, legally, on the deceased's properties, claims, and entitlements. If you wish to ensure that this process is as simple as possible, it is to your advantage to find out about the process, gather all the necessary documents ahead of time, and make sure the application is filled out with the right information. 

Depending on how it is available, you may submit the application in one of two ways: online or offline. Whichever mode you use, keeping in touch with the appropriate administration time helps minimize delays in the process. The certificate is legal proof of the relationship between the deceased and the claimants, and helps with transferring over such things as a deceased family member's financial and non-financial assets. In all considerations, acquiring a legal heir certificate and supporting documents would not only help in closing the estate but also bring some level of clarity and peace of mind for the family.

Related Articles

Legal Heir Certificate vs Succession Certificate

Is A Legal Heir Certificate Mandatory For Property Transfer?

FAQs

A few FAQs are:

Q1. Is a legal heir certificate mandatory for property transfer in Maharashtra?

Usually, the first document required to transfer immovable property in Maharashtra is the Legal Heir Certificate unless the deceased left a will, in which case a Succession Certificate or Probate of the Will may be necessary, so it is advisable to consult a lawyer for legal advice based on your specific circumstances. 

Q2. How much time does it take for a legal heir certificate in Maharashtra?

Ideally, it takes around 15 to 30 days from the date of application, provided all documents are in order and the verification process is smooth. However, delays can occur.

Q3. What is the difference between a legal heir certificate and a succession certificate?

A Legal Heir Certificate identifies legal heirs of a deceased person and is used to claim movable assets and for settling dues.  A Succession Certificate issued by the civil court, authorizes a person to represent the deceased to collect debts and securities.  A Succession Certificate is often required when there is no will or when there is confusion regarding legal heirs.

Q4. What is the validity of a legal heir certificate?

A Legal Heir Certificate generally does not have a specific expiry date. It remains valid as long as the relationships of the legal heirs with the deceased remain unchanged. However, authorities may ask for a recent certificate for certain transactions.

Q5. Can a legal heir sell property without a succession certificate?

In case the deceased made a will, the process will take the probate route. In case there is no will, then a Legal Heir Certificate is a primary document for the transfer of immovable property. A Legal Heir Certificate is a useful document to identify heirs, but depending on the value and nature of the property (example, if value is high or immovable property), Authorities like the Sub-Registrar may insist on a Succession Certificate issued by a court, to document a clear title and safeguard against any liability while facilitating the sale.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.