Direct Tax
Consulting
ESG Advisory
Indirect Tax
Growth Advisory
Internal Audit
BFSI Audit
Industry Audit
Valuation
RBI Services
SEBI Services
IRDA Registration
AML Advisory
IBC Services
NBFC Compliance
IRDA Compliance
Finance & Accounts
Payroll Compliance Services
HR Outsourcing
LPO
Fractional CFO
General Legal
Corporate Law
Debt Recovery
Select Your Location
Assam Legal Heir Certificate is a vital legal document for the survivor of the deceased dying intestate. This certificate determines the blood relationship with the concerned deceased. This Assam Legal Heir Certificate establishes the domicile of Assam to claim inheritance of the deceased person’s assets and properties and to transfer ownership to the legal heirs of the deceased.
Table of Contents
Assam’s legal heir certificate helps the resident of Assam to identify the right family members of the deceased dying intestate who has expired without making a will on his properties/assets. Assam legal Heir certificate is also commonly known as the Next of kin certificate. A person next to the deceased is known as the legal heir.
A legal heir certificate is a document issued by the deputy commissioner, the SDO office, or the circle officer of the district of Assam. Any family member next to the deceased can apply for this legal heir certificate in Assam to claim benefits such as provident fund, insurance, investment, government pensionary benefits, provident fund, etc.
The major importance of Assam’s legal heirship is that it helps the family members claim or transfer the property and assets of the deceased’s dying intestate. It also helps the legal heir of the deceased to get an appointment on a compassionate if the deceased was a government employee.
A family member of the deceased is eligible for the Legal Heir Certificate in Assam if he comes under the rule given in the Indian Succession Act. The following persons are the blood relatives of the deceased, such as the son of the deceased, daughter of the deceased, father and mother of the deceased, etc.
According to the Indian Succession Act, Class I legal heirs of a deceased are his wife, his children, and his wife. It is only in the absence of family members of Class I heir that the Class II heir is the next direct legal heir eligible for the legal heir certificate. This class II legal heirs of the deceased person are his father, his grandchildren, his great-grandchildren, his brothers and sisters, and other relatives.
Documents required for the Legal Heir Certificate are as follows:
A resident of Assam can apply for the legal heir certificate online without any hustle. The state of Assam provides this online service of Assam Legal Heir Certificate in the name of the next of kin in the portal sewasetu.assam.gov.in. Some of the guidelines for applying the Assam Legal Heir Certificate are as follows:
The regular time taken for issuing the Assam Legal Heir Certificate is a minimum of 1 month or 30 days or maybe more at the discretion of the government authority. As per the Sewa Setu portal1, the stipulated time given is 15 days.
In case of any objection or region rejecting the application form for the Assam Legal Heir Certificate, it will be intimated in writing to the applicant within fifteen days of the receipt of the application.
This legal heir certificate and its legal requirement differ from country to country or state. In India, legal heir certificates have various local names such as verisu, Next of kin, varsai, etc.
Some of the common and valid legal heir certificates or documents are:
Legal heirship certificate- This certificate is issued by the district taluk officer/ tehsildar or, in some districts, by the district commissioner’s office. The certificate is issued to the applicant seeking the legal heir of the concerned deceased dying intestate to identify the legal survivor of the deceased to claim insurance, retirement benefits, gratuity, investments, etc.
Succession certificate- This succession certificate is issued by the civil court upon filing of the petition by the applicant seeking legal survivorship over the deceased assets and moveable properties, including the transfer of debts and securities to the legal heirs of a deceased person.
Letter of Administration- A Letter of Administration is issued by the civil court granting authority to a person over the deceased dying intestate to manage as an administrator and distribute the deceased estate to the rightful legal heirs.
Probate- Probate is a judicial process as per the Indian Succession Act through which the will of the deceased is verified and evaluated by the district court to check if the will is genuine.
Probate gives the executor the right, by receiving a certificate from the court of law, to administer the assets and properties of the deceased.
There are no statutory charges, but a service charge of Rs.30 will be taken by the local authority. In case of any printing from PFC/CSC, it’s Rs.10 per page, and scanning in PFC/CSC(public facilitation centre/common service centre) is Rs.5 per page, and other convenience charges as per the Sewa setu are Rs.10.
The application status of the Assam Legal Heir Certificate can be checked by the applicant through the acknowledgement receipt provided with a specific tracking ID for both online and offline applicants.
The validity of the Assam Legal Heir Certificate is for the lifetime unless any objection comes in within 3 years from the death of the deceased.
The applicant must include certain specific details while applying for an Assam Legal Heir Certificate, such as making a public statement in the form of an affidavit stating the relationship with the concerned deceased person by submitting various legal documents.
This Assam Legal Heir Certificate is needed if the deceased was a government employee and thus the legal heir for applying for a job in the place of the deceased on the grounds of compassionate appointment, if available. This certificate of legal heir also comes in handy if the legal heir or survivor of the deceased has to claim the benefits of available government schemes benefits.
Assam Legal Heir Certificate is also necessary for the legal heirs of the deceased to claim benefits such as retirement packages, gratuity, insurance, provident funds, investments, etc.
A legal heir certificate is a straightforward application where the deceased family members visit the tahsildar or taluk concerned authority for the legal heir document that establishes the relationship with the deceased. This legal heir document is used for the transfer of assets from the deceased to its respective legal heir.
A succession certificate in Assam can be granted to the applicant after submitting the following documents: death certificate, NOC from the family members, NOC from Gaonburah, and Identity proof.
One must visit the court if the legal certificate has been obtained by fraud or misrepresentation. Hence, the relationship between the legal heir and the deceased needs to be established.
No nominee is not considered a legal heir; they only hold property in trust for the legal heirs.
According to the succession act, the legal heir is disqualified if they have died before the intestate; a legal heir is eligible to apply for the certificate only after the deceased has died, leaving behind without a will.
This verification process for the disqualifications of property is covered under section 24 to section 28 of the Hindu Succession Act,1956, such as remarriage by a few widows.
It is possible after receiving the certificate to establish the relationship between the legal heir and deceased, and accordingly, the document mentioning all the legal heirs shall visit the sub-registrar office.
In case the intestate deceased does not have children or a spouse, the parents of the deceased are considered the immediate legal heirs, then the property will go to the deceased grandchildren; if they don't exist, then it will go to the siblings of the deceased and so on.
A legal heir has a right to deposit the money of the deceased; however, the nominee can withdraw the fixed deposit from the bank.
A legal heir certificate is broader in scope and issued for various purposes, both financial and non-financial matters, whereas a succession certificate is issued by the civil court of the appropriate domicile of the applicant and is related to financial assets.
The documents required for a next of kin certificate in Assam are the death certificate of the deceased person, valid documents showing the relationship with the deceased, affidavit on self-declaration, etc.
As per the Hindu Succession Act, legal heirs are divided into class I and class II heirs. Class I includes the deceased widow, mother, and children, and class II heir includes the father, grandchildren, great-grandchildren, brother, sister and other relatives.
A joint venture is a strategic business arrangement in which two or more companies collaborate...
With the rising inflation rates and various other economic factors, wealthy Americans are incre...
Before approaching the new suppliers or any other third parties, you should always go for the v...
With the increasing landscape of Fintech Companies, it is increasingly vital that fintech compl...
This blog gives a detailed description through an audit report for industrial waste by examinin...
Are you human?: 4 + 8 =
Easy Payment Options Available No Spam. No Sharing. 100% Confidentiality
What Is Solid Waste Management? The system of collection, treatment, and disposal of discarded solid material...
01 Aug, 2023
A limitation of liability clause, or liability clause, is defined as a disclaimer for an agreement that limits the...
23 Nov, 2020
Chat on Whatsapp
Hey I'm Suman. Let's Talk!
9870310368 
8860712800