Legal Startup

Karnataka Legal Heir Certificate

Karnataka Legal Heir Certificate

The Karnataka legal Heir certificate is a very important legal document. This certificate of legal heir establishes the right over the immediate family members of the deceased person dying intestate. This document serves as evidence of the deceased’s legal heirs and their shares in the inheritance.

One of the requirements of Karnataka’s legal heir certificate is that the legal heirs can transfer the property of the deceased, claim insurance benefits, or claim other assets left behind by the deceased’s dying intestate.

This Karnataka Legal Heir Certificate includes details such as the names of legal heirs, their relationship with the deceased, and their respective shares in the inheritance. The Karnataka Legal Heir Certificate is issued by the concerned authority after following the procedure and due verifications of the documents submitted by the legal heirs of the deceased dying intestate.

One of the major aspects of the Karnataka legal heir certificate is for transferring the assets and properties of the deceased dying intestate. With the Karnataka legal heir certificate, residents of Karnataka can make a settlement of the properties of the deceased dying intestate.

Define legal heir certificate.

A legal heir certificate is a document issued by the concerned authority to the immediate blood relative of the deceased dying intestate. This is a legal document to be applied by the family members who have lost his/her loved ones to establish their legal identity on the assets and properties of the deceased dying intestate.

A legal heir certificate is issued to transfer the benefits available to the deceased if he was a government servant, to claim the pension benefits, and to make an appointment based on compassionate grounds.

Once the legal heir certificate is received by the immediate family members of the deceased, who died leaving no will, they shall be able to transfer the assets and properties of the deceased in their name.

Importance of Karnataka legal heir certificate

  1. Karnataka legal heir certificate signifies a relationship with the deceased dying intestate. This certificate is a legal document that enables the immediate family members to claim assets or properties such as Insurance, pension, retirement benefits, gratuity under central or state government schemes, etc.
  2. This certificate is also vital for gaining legal rights to access the employee’s family pension if the deceased was a government employee.
  3. Another important benefit of the Karnataka legal heir certificate is that when a legal heir wants to claim a salary, salary arrears from the deceased employee’s account if the deceased was a government employee.
  4. Karnataka’s legal heir certificate also helps the legal heir of the deceased to obtain compassionate appointments in the government sector. This legal certificate makes the claim of the legal heir easier and smoother.

Documents required

Given below are the documents that the applicant applying for the Karnataka legal heir certificate needs to submit along with the application form.

  1. Death certificate of the deceased
  2. Identity card of the applicants.
  3. Ration card of the applicant.
  4. Prescribed application form, which will be available in the concerned office.
  5. Aadhaar card of the applicant.
  6. Deceased name.
  7. Family member names and relationship with the deceased.
  8. The applicant’s signature is on the application form of the Karnataka legal heir certificate.
  9. Date of application for the Karnataka legal heir certificate.
  10. Residential address of the applicants.
  11. Photograph of passport size.
  12. An affidavit of declaration from all the legal heirs.
  13. Certificate of deceased residence.
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Eligibility Criteria

According to the Indian Succession Act, the legal heir is divided into classes I and II among the blood relatives of the deceased dying intestate. The following persons are eligible to be the legal heir of the deceased.

  1. Deceased person widow.
  2. Deceased person, son and daughter.
  3. Parents of a deceased person, i.e. both mother and father.
  4. Siblings of the deceased person.

Offline procedure for obtaining legal heir certificate

  1. The applicant for a Karnataka legal heir certificate may obtain a legal heir certificate through the taluk/tehsildar office of the district where the deceased resides or through the district civil court of that particular area.
  2. The best approach for obtaining a legal heir certificate by the applicant is through the taluk/tahsildar office of the applicant area, they should be able to provide you with the legal heir certificate, or sometimes they may ask to contact a district civil court lawyer to get it done.
  3. The Nadakacheri office will issue the application form for the legal heir certificate.
  4. The applicant, after receiving the application form, shall fill in the details carefully or may take the guidance of a district civil advocate for better understanding along with the documents attached.
  5.  This application shall be sent to the concerned authorities for the due verifications. The applicant, after applying, will receive an acknowledgement receipt for tracking the application status on the Karnataka legal heir certificate.  
  6. The Karnataka legal heir certificate will be issued as per the report prepared by the village administrative officer and revenue inspector after due process of an enquiry; the certificate will include the names of all the legal heirs of the deceased.
  7. It is at the discretion of the revenue officer and village administrator whether to issue the Karnataka Legal Heir certificate or reject the same.

Online Procedure for Obtaining Legal Heir Certificate

To avoid the rush through the offline method of obtaining a legal heir certificate, the Karnataka government has introduced an online procedure to have access to applying for a Karnataka legal heir certificate. Here are the guidelines for applying for a legal heir certificate through an online platform.

  1. The applicant shall visit the Karnataka government E-E-district portal website.
  2. Once the applicant is on the homepage of the E-district portal, click on the apply online option.
  3. After clicking on the online option, the applicant will be redirected to the login page, where the applicant will have to fill in the registered mobile number.
  4. The applicant next has to click the proceed button, and it will redirect to the Nadakacheri homepage.
  5. A new request option will be shown on the Nadakacheri homepage. Under this new request, the applicant shall select the surviving family members.
  6. After clicking on the above option, an application form on the Karnataka legal heir certificate will appear.
  7. The applicant shall then fill out the application form with the required details along with the scanned documents to be uploaded along with the application form.
  8. After filling out the form carefully, to sum up, the applicant has to click on the save option, and accordingly, an online payment option will appear to complete the process for the Karnataka legal heir certificate.
  9. Lastly, after the online payment, an acknowledgement receipt or message will be sent to the registered mobile number; with this acknowledgement receipt, the applicant will be able to track the status of the application for the Karnataka legal heir certificate.

 Fees

The residents of Karnataka have the option of applying for a legal heir certificate either online or offline procedure.

The fees for the application procedure offline are Rs.2/- for a non-judicial stamp, Rs 15 as a government service charge, and Rs 20/- for the stamp paper.

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Applicants applying for Karnataka legal heir certificate through an online method fees are Rs.2/- for non-judicial stamp and Rs. 15/- as a government service charge.

How do you track the application status?

The applicant, after applying for the Karnataka legal heir certificate, can also check the status of the application under the following steps given below:

  1. The applicant shall visit the Nadakacheri portal to track the application status by clicking the get status option.
  2. After clicking the get status option, the applicant needs to enter the acknowledgement number mentioned in the receipt given by the concerned officer. Lastly, after filling in the acknowledgement number, click on the find button, and hence it will show the application status.

Guidelines on how to download the Karnataka Legal Heir Certificate

The Karnataka government portal also allows the applicant to download the Karnataka legal heir certificate online. The given below are the steps to be followed by the applicant:

  1. The applicant shall be able to see the status with the tracking ID; once the status of the application shows approved, click on the print option available at the bottom of the dialogue box and click on it.
  2. Before the legal certificate proceeds for printing, a request to fill out the acknowledgement receipt will appear.
  3. Once the applicant enters the details of the acknowledgement receipt, a Karnataka legal heir certificate of the applicant will pop up on the screen, and hence, download the same.

Inside Information

As per the circulation given by the Government of Karnataka, the legal heir certificate is only issued to the kin of the deceased who worked as government servants. All the domiciles of Karnataka have to obtain a succession certificate through their jurisdictional civil court. The succession certificate is obtained by the legal heir of the deceased dying intestate by filing a petition or a suit before the civil court of the district jurisdiction1 of the deceased residents.

Karnataka legal heir certificate is also known as Vamshavruksha certificate, a local name in Karnataka, commonly used among the public of Karnataka.

The legal heir certificate cannot be granted to an adopted person without the valid documents that prove the adoption seeking a legal heir certificate.

Common challenges and solutions

Applicants applying for the legal heir certificate face several challenges. A legal heir certificate is a complex procedure to comply with the legal requirements.

It is difficult to show evidence of a relationship between the immediate family members of the deceased dying intestate. The legal heir applicant needs to submit the relevant documents to establish the relationship with the deceased.

The application form needs to be filled out very carefully with a complete understanding of the documents required. Any details that are not clear and misleading will be rejected by the concerned authority after due verifications.

There may be a time when the number of legal heirs will have a dispute about the properties/ assets of the deceased dying intestate. In such a situation, legal heirs shall have a consensus agreement with the evidence; otherwise, if the dispute does not get resolved within themselves, then a legal intervention may be taken by the legal heirs of the deceased dying intestate.

 The concerned authorities may take more time than what has been mentioned in the details; it is at the discretion of the concerned officer to issue the legal heir certificate. The applicant can take precautions to ensure that the application does not get delayed by monitoring the application status by constantly following up with the concerned officer, or the applicant may take the help of a Lawyer or civil advocate.

Validity and Renewal

The applicant, after submitting the legal heir certificate in Karnataka, will receive the same after due verification, which will take around a month to process all the necessary information and receive the certificate.

The legal heir certificate is for a lifetime.

 Legal heir and Succession certificate differences

Legal Heir Certificate

A legal heir certificate is issued by the tahsildar of the district to establish an identity for a particular deceased person’s living heirs.

A legal heir certificate is issued to transfer the benefits available to the deceased if he was a government servant, to claim the pension benefits, and to make an appointment based on compassionate grounds.

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The application for the legal heir certificate needs to be accompanied by a stamp of Rs2/- and Rs 20 stamp paper for an affidavit.

Succession Certificate

 A succession certificate is issued by the court on the petition or suit filed by the legal heirs for the inheritance rights over the deceased dying intestate immovable and moveable properties. Succession certificate also gives the legal heir authority on the securities and debts of the deceased dying intestate.

The succession certificate is granted by the district judge after hearing all the concerned parties. It is at the satisfaction of the district judge that the succession certificate will be granted to the rightful owner.

The granting period of the succession certificate is six to seven months from the date of filing the applications unless there is any objection in between the succession certificate proceeding before the district judge.

When it comes to the fees for granting a succession certificate, the applicant must deposit 3% of the total value of the property of the deceased dying intestate.

FAQs

  1. Is a legal heir certificate issued in Karnataka?

    In Karnataka, a legal heir certificate is issued to the next of kin of the deceased government servants. Other than the government servant's deceased legal heirs, everyone has to obtain a certificate of succession from the district's civil court. This succession certificate is obtained by filling a petition before the district court through an advocate.

  2. How do you download a legal heir certificate in Karnataka Online?

    The applicant may visit the Karnataka government website and then click on the apply online option, which is visible on the website homepage. The applicant needs to register with his mobile number and then proceed by entering into a Nadakacheri home page.

  3. Is the family tree and legal heir certificate the same?

    The family tree is a certificate of membership issued by the village officer stating the names of the deceased family members, whereas the legal heir certificate is provided by the tehsildar establishing the legal heirs of the deceased.

  4. What is the process of a legal heir certificate?

    First, the applicant needs to collect the application form either online or offline through the technical office and then fill in the required details along with the attachment of all the necessary documents.

  5. What are the 12 types of legal heirs?

    Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, widow of a pre-deceased son.

  6. Who is the first legal heir?

    As per the Hindu succession act, the first legal heir comes under class I heir; they are sons, daughters and widows.

  7. Who are class 2 legal heirs?

    The class 2 legal heirs, according to the Indian Succession Act, are father, son, daughter's son, son's daughter's daughter, brother, and sister.

  8. Who are class 3 legal heirs?

    When the legal heirs in both class I and class II are not available, then according to the Indian Succession Act, the properties and assets of the deceased dying intestate are transferred to the deceased male ancestry.

  9. Is wife a class I heir?

    Yes, the wife comes under a class I legal heir under the Indian Succession Act.

  10. Is the daughter a legal heir?

    Yes, both married and unmarried daughters of the deceased father dying intestate have an equal share in the father's property, whether self-acquired or ancestral, according to the Indian Succession Act.

  11. Can a wife claim her husband's property after death?

    Yes, according to the Indian succession act, the wife can claim the husband's property after death as she also comes under class I heir divided between children and mother of the deceased dying intestate.

  12. Who is the first legal heir of the husband

    It is the wife of the deceased husband who has died without leaving a will as per the Indian Succession Act.

  13. Who is the legal owner of the property after death?

    The immediate family members of the deceased dying intestate can claim the legal heir certificate after the deceased dying intestate. Some of the immediate family members are son, daughter, mother, etc.

  14. What are the rights of the wife in the husband's property?

    As per the Indian succession act, the wife has equal rights to claim a share in the husband’s properties, like the son.

  15. Does the husband have a share in the wife’s property?

    The husband generally doesn’t have a share over the wife's property during her lifetime. Still, if the wife passes away without making a will, the share will devolve between her husband and children equally.

  16. Is there a time limit for heirs?

    According to the Limitation Act, the time limit to file a suit before the court is 12 years to claim a share in the deceased's assets and properties.

  17. What are the benefits of getting a legal heir certificate?

    The benefits of getting a legal heir certificate are the transfer of a deceased person's property and assets, insurance claims, government schemes, pensions, and other benefits.

  18. Is an heirship certificate necessary?

    Yes, a legal heir certificate is very important for the immediate family members of the deceased who have passed away without making a will; this certificate identifies the rightful heir or heirs of the deceased person.

  19. Who issues the legal heir certificate in India?

    In India, the legal heir certificate is issued by the district tehsildar for the transfer of assets and properties of a deceased person dying intestate.

  20. Can I get a copy of the legal heir certificate if the original is lost?

    A legal heir certificate can be obtained as a copy of the original certificate is lost.

References

  1. https://districts.ecourts.gov.in/jurisdiction-district-court

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