Can a legal heir claim property after 12 years?

If the underlying asset/property was simply inherited but not partitioned legally, then the rightful family members can apply for their shares even after 12 years have passed. However, for this to work, no legal document or act should extinguish their right to do so.

Who is the legal owner of the property after death?

In India, legal heirs can be the spouse or offspring of the deceased individual who owned the property. If the concerned previous owner did not leave a will then the property is handed over with a legal heir certificate.

What is the limitation of a legal heir certificate?

As per the Limitation Act of 1963, there is no fixed time limit to apply for a succession or legal heir certificate. One can claim their rightful possessions after the demise of the concerned person and this remains continuous as long as the estate or asset exists.

What Is a Legal Heir Certificate and Why Is It Significant?

If an owner passes away without issuing a will, their rightful heirs need to get a legal heir certificate from the relevant authorities. It is an official document that establishes someone’s status as a legitimate successor to the deceased person.

In this blog, we will explore the importance of obtaining a legal heir certificate. We will also outline the necessary documents and the online application process, followed by a standard legal heir certificate format across various Indian states.

Importance of Legal Heir Certificate

Registering a legal heir certificate is necessary for various reasons, such as:

To Inherit Property Rights

With this official documentation, one can establish ownership of properties, assets and even bank accounts left behind by their parents/spouse.

To Settle Outstanding Debts and Liabilities

If the deceased person had some dues left unsettled then the heirs must obtain a legal heir certificate to close those loan accounts.

To Obtain Family Pension and Claim Insurance Coverage

In order to claim gratuity, pension or insurance amounts, the concerned person must produce a legal heir certificate.

To Proceed With Legal Disputes

For legal proceedings and disputes, a legal heir certificate serves the purpose of a valid proof of the heir’s lawful claim.

Legal Heir Certificate Format

The standard format of a legal heir certificate typically covers the following aspects:

Name of the Deceased: Here, one can see the full name of the individual who has died.
Date of Death: This part quotes the official date on which the death took place.
List of Heirs: It is a vital segment highlighting the names, relationships and descriptions of all lawful heirs who will inherit the property or asset.
Addresses: Here, you can see the residential address details of the deceased person apart from their legal successors.
Issuing Authority: In this part, you notice the official designation and name of the government body or authority registering the legal heir certificate.
Certificate Number: Every legal heir certificate has its unique registration number. This is displayed at the bottom of the certificate.
Date of Certificate Issuance: This is simply the date on which the certificate is issued.

To ensure clarity and transparency regarding inheritance rights, the above-mentioned components are quite essential.

Procedure to Apply for a Legal Heir Certificate Online

Most state governments offer two ways to opt for a legal heir certificate - online and offline. Let us take a look at the given below steps that will guide you throughout the application process:

Online Process

Step 1: Visit the official land records portal of your state and look for the option of ‘Citizen Services’.

Step 2: Go for ‘Online Application’.

Step 3: You will find ‘Warish Application’ on this page, click on that.

Step 4: Provide the details as asked in the application form.

Step 5: Attach the necessary documents of the deceased individual along with your ID proof documents.

Step 6: Proceed to submit the application.

Step 7: As you can see a pop-up window showing your application number, quickly note it down for further use.

Offline Process

Now, let us take a look at how to apply for a legal heir certificate offline:

Step 1: Go to the nearest Taluk office.

Step 2: Ask for the legal heir certificate application form.

Step 3: Fill out the form by entering the correct details.

Step 4: Provide the necessary documents.

Step 5: Pay the required stamp duty.

Step 6: Submit the application form.

Following this, the rightful authority will conduct a verification process. Once they are satisfied, you will be issued a valid legal heir certificate.

Documents Required for Legal Heir Certificate

To get a legal heir certificate, all you must do is provide the following documents along with the application form:

Death certificate of the deceased individual
Identity proof and address verification document of the applicant
Proof of relationship with the previous owner (marriage certificate, birth certificate, etc.)
The affidavit declaring the particulars of lawful heirs apart from their shares

Who Is Eligible to Apply for a Legal Heir Certificate?

As per the Indian legislative system, the following persons are considered legal heirs and are thus allowed to obtain a legal heir certificate:

A deceased person’s son or daughter
Spouse of a deceased person
Parents of the departed

Procedure for Legal Heir Certificate Status Check

You must contact the nearest office of the Registrar General to perform a legal heir certificate status check. Otherwise, you can visit the concerned website for your state and simply search for the ‘Search Status’ link.

If you select the online procedure, then you must enter some valid personal details like your name, date of birth, place and father’s name to verify your application status.

Difference Between a Legal Heir Certificate and a Succession Certificate

When the deceased individual is a government employee, then a legal heir certificate is necessary to authorise the payments of family pension or to approve appointments on valid grounds. Additionally, this official documentation facilitates the transfer/inheritance of property to rightful heirs.

Whereas, a succession certificate becomes vital when a person is about to inherit any movable/immovable property as per the provisions of the different Property Laws in India. The majority of the registrations under this case come under the Hindu Succession Act. Besides, in some cases, you notice the implementation of the Indian Succession Act or the community acts.

Next, you can also find a difference between the registering officials. A succession certificate is issued by the court to establish the legal heirs of a deceased person. On the other hand, a district Tahsildar generates legal heir certificates to acknowledge the rightful legal heirs of a particular deceased person.

Finally, coming to the cost aspect, a legal heir certificate requires ₹2 for a stamp and ₹20 to acquire a stamp paper for preparing the affidavit. Conversely, to produce a succession certificate, one must bear 3% of the underlying property’s total value.

Thus, as you can see, both these certificates serve different purposes. If a property/asset owner within a family meets an unfortunate death, then their next direct lawful successor (son/daughter/mother/husband/wife) can opt for a succession certificate. With its help, you can transfer bank accounts, investments, house tax, electricity connection, telephone connection and so on.

Final Word

Simply put, a legal heir certificate substantiates that you are the lawful heir to a person’s property. The entire procedure of acquiring this certificate can require anywhere between 1-2 weeks. Throughout this period, the respective authorities thoroughly check the authenticity of the application submitted.

Once you receive the legal heir certificate, it becomes easier to claim inheritance, access financial assets and complete legal formalities related to the deceased's property. For example, if no nominee is assigned, legal heirs must submit supporting documents to claim the fixed deposit after maturity.