Legal

Legal Heir Certificate in Bihar: Understanding the Application Process

In Bihar, a legal Heir certificate is significantly holds an important place, to be as legal document which establish the rightful successors of a deceased person. Mainly the certificate is issued from the end of local revenue authorities and is very important for various legal and inheritance matters. To obtain this legal heir certificate, an individual is required to submit an application along with the relevant documents which shows the relationship with the deceased person. A legal heir certificates in Bihar plays an important role in facilitating the transfer of property, claim insurance, and to settle other legal matters. It is important to understand the complexity of legal heir certificate in Bihar, to ensure a smooth transition of shares, assets and other responsibilities.

Need for the Legal Heir Certificate in Bihar?

The legal heir certificate in the Bihar significantly plays an important role in determining the next legal heir of any family when the head of the same family suddenly dies. It is quite possible in the state of Bihar that there may be a number of heirs for an individual (deceased person), which results in several family disputes arising within the same family. With the intent to prevent such kinds of mishaps, a legal heir certificate in the Bihar is issued. Suppose the deceased person was a government employee; in such cases, the legal heir certificate in the Bihar is used to claim the pension or other government benefits. In most cases, if there is more than one legal heir of a deceased person, then all legal heirs are required to sign or provide a deed of conveyance. As the legal heir certificate is granted or acquired, its validity is for a lifetime.

Why to get a Legal Heir Certificate/Document?

When a member of a family suddenly dies without making any successor for his or her properties or assets, then a legal heir certificate turns out to be a crucial document to claim as a rightful owner of such property or assets. A legal heir document in Bihar is a necessary document which proves the authentic relationship between a deceased person and his or her family member. A legal heir certificates in Bihar makes the entire process of inheritance to be fair and legitimate. A legal heir certificates in Bihar is issued to the family members to avail various benefits, including pension, provident funds, insurance, and many more that are offered by the end government authorities. In a broader sense, a legal heir certificate is given to the family heirs at the time when the head of their family dies without making any proper will mentioning a power of attorney.

Benefits for availing a Legal Heir Certificate in Bihar.

Benefits related to a legal heir certificate in Bihar are given below-

1. A legal Heir certificate in the Bihar allows the legal heir to claim insurance benefits on behalf of a deceased person.
2. Existing legal heirs can easily gain gratuity, family pension, and provident funds with many more benefits on behalf of their deceased head family member.
3. Legitimate heirs can easily inherit ancestral assets or property of a deceased person.
4. Legal heirs can easily utilise other relevant subsidies which a government offers to the existing family members of a deceased person.

Persons Eligible to get a Bihar Legal Heir certificate

The list of legitimate persons who are eligible to get a Bihar legal heir certificate.

1.  Wife or Spouse of the deceased Person.
2. The children of the deceased person, including the son/daughter.
3. Father and mother (Parents) of deceased Person
4. Siblings of deceased person.

Required Information or necessary documents to apply for Legal heir certificate in Bihar

A list of documents that facilitate the entire process for applying for a legal heir certificate in the Bihar, including-

1. Death Certificate of a deceased person.
2. Residence Proof of a deceased person.
3. Identity proof of Existing legal heirs.
4. Residence proof of existing legal heirs.
5. DOB Proof of legal heirs.
6. The affidavit, duly signed undertaking and application form.

Offline/Online Application Procedure to Get a Legal Heir Certificate in Bihar

Steps need to be followed to get a legal heir certificate in Bihar-

You need to Approach the Taluk Office

An application form can be easily downloaded from the Bihar government portal, namely the Saharsa Bihar Portal. You need to take the printout and fill the form accordingly as per the given directions. As you fill out the said form, you must visit your respective Tehsildar office or Taluk’s office along with the application form and relevant supporting documents. You are also free to apply for this legal heir certificate through the District Civil Court¹ of your respective area.

Submit the Application form

As you visit the concerned Tehsildar office or Taluk’s office with your application form. Attach all the documents, duly sign on the same, and submit it before the Tehsildar office, or you can hire an advocate and apply for the legal heir certificate. He will draft your application and submit it before the district court officer.

Verification process for Legal Heir Certificates in Bihar

After the successful submission of your application form before the concerned authority, the local revenue officer or village Administrative officer will initiate an inquiry or verification.

Issue Legal Heir Certificates In Bihar

After the completion of successful verification for a legal heir certificate, the concerned authority, if it seems to be satisfied, then issues this legal certificates in Bihar to the applicant after a specified period of time.

Time period to get a Legal Heir Certificate in Bihar

The time limit to get a legal heir certificate, a maximum period of 30 days, is needed from the date of the submission of your application form by the applicant. In case there is any error or confusion in the application form, then a legal heir certificates in Bihar generally takes a long time.

Fee- Structure to Avail the Legal Heir Certificate in Bihar

Obtaining a legal heir certificate requires one to pay a fee of ₹2 (stamp paper). An interested person is also required to pay the fees for an affidavit to complete the entire process.  

How can a Spouse or a Wife Apply for a Legal Heir Certificate’s in Bihar?

1. The wife is required to submit a self-declaration form duly signed, which includes the details of all legal heirs.
2. She is required to provide birth certificates for all children.
3. She needs to furnish an Aadhaar card, marriage registration, voter ID, and passport for all surviving members.

A child under the age of 18 can apply for a legal Heir certificate in Bihar

1. He/she is required to provide the parents’ death certificates.
2. A guardianship order is given by the civil court, which reflects the relationship of a minor with the deceased.
3. Birth certificate, Aadhaar card, passport for all the legal heirs.

How can an Individual get a certified or duplicate copy of a Legal heirs certificate in Bihar?

 In case of misplacement or loss of original legal heir certificate Bihar, it becomes mandatory to connect with the concerned office of this legal heir certificate. You need to visit either the District Civil Court or the Taluk Office. You need to take the deceased person’s death certificate and mention the date of issuance of the previous legal heir certificate to get an issuance of the new legal heir certificate from the concerned office.

Note-

This legal heir certificate can be revocable. Suppose it comes under the consideration of authorities later on the discrepancies and objections, the authorised body can easily declare such legal heir certificate in the Bihar to be null and void. Thus, it is mandatory to provide all the necessary details which define you as the authentic and correct legal heir of a deceased person.

FAQ’s

1. https://districts.ecourts.gov.in/bihar