Legal

Legal Heir Certificate in Meghalaya

Legal Heir Certificate in Meghalaya

The government issues a legal heir certificate for those persons whose parent or spouse has passed away without leaving a will. To establish relationships for claims regarding insurance, pensions, retirement benefits or employment perks from central and state government departments, as well as government-owned enterprises, etc.

Uses of a Legal Heir Certificate in Meghalaya-

The certificate will identify the legal successor who can claim the property and assets. If multiple verified heirs exist, each one must apply for and obtain the certificate to claim the property. It does not allow a person to sell or dispose of any property of the deceased. It is only a document to prove a person’s relationship with him. It is a vital document required for the rights to his wealth entitlement.

Documents required for the application of Legal Heir Certificate in Meghalaya are:

  1. Application form duly filled and signed.
  2. Original death certificate of the deceased from the local municipal corporation.
  3. Pan Card of the deceased individual.
  4. Aadhaar Card of the deceased individual.
  5. ID proof and address proof of the applicants.
  6. An affidavit of undertaking from all the applicants.
  7. There are two witness ID copies with addresses (immediate neighbour only).
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The copy of the documents should be self-attested by the applicant. Apply at the District Tahsildar’s office. An appointed officer will conduct a comprehensive review. This individual will personally visit the address mentioned in the application to verify the information and examine the original or submitted copies of documents. The officer submits the report to the Tahsildar, and the Tehsildar office issues the certificate within one month of verification.

Procedure to obtain a Legal Heir Certificate in Meghalaya-

A Legal heir certificate can be obtained by approaching the taluk /Thasildhar or municipality office in Meghalaya. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry. The process of obtaining a legal heir certificate is stated below:

  1. The rightful heir of the deceased individual should visit the district court in their area to request the legal heir certificate application. After completing the form, the applicant needs to submit the signed application to the relevant authority. This form includes the names of the legal heirs, their connection to the deceased, and the addresses of family members.
  2. Ensure that all necessary documents, such as the deceased individual’s death certificate (obtained from the municipality or corporation office), are attached to the application.
  3. A stamped affidavit or a self-declaration should accompany the application.
  4. The revenue inspector or administrative officer carries out an examination and finalizes the investigation.
  5. After a successful investigation, the authorized officer grants the Legal heir certificate.
  6. Typically, acquiring a legal heir certificate takes about 30 days. If there’s an undue delay or a lack of response from the authorities, consult the Revenue Division Officer (RDO) 1 or sub-collector.

How to add a legal Heir to File ITR in Meghalaya?

On behalf of the deceased proprietor, their legal heir/s must file an ITR and pay the computed income tax. The following are the steps to take:

  1. Visit the income tax e-filing website.
  2. If you’re already registered, log in using your account details. Otherwise, select the ‘Register Yourself’ option to create a new account, and follow the steps to provide all necessary information for registration.
  3. Once you’ve logged in and completed the registration as a representative, navigate to ‘My Account’.
  4. Choose “New Request” from the drop-down menu under the request type option.
  5. Choose “Register Yourself” from the drop-down menu within the “Add/Register as a Representative” section for another individual.
  6. Choose the deceased individual’s estate from the drop-down menu in the registration category section.
  7. You will be directed to an external page if you choose the “proceed” option.
  8. Supply essential details like the deceased’s PAN, estate name, and the date the deceased was incorporated.
  9. Create a zip file containing documents like a self-attested copy of the legal heir’s PAN card, the deceased individual’s PAN card, a death certificate copy, the legal heir certificate, or an affidavit notarized by a Notary Public.
  10. Once you’ve uploaded your documents, press the submit button to forward your request to the e-filing Administrator.
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FAQs

  1. What is a Legal Heir Certificate in Meghalaya?

    A legal heir certificate in Meghalaya refers to legal documents that rectify the relationship between the heirs and the deceased person. This certificate in Meghalaya helps heirs claim the property and assets, which includes the inheritance property, provident funds, insurance benefits, and other government benefits of a deceased person.

  2. Who is eligible to apply for a Legal Heir Certificate in Meghalaya?

    The deceased person's family members, including the spouse, children and parents, can apply for a legal heir certificate in Meghalaya.

  3. What documents are required for obtaining a Legal Heir Certificate in Meghalaya?

    To obtain a legal heir certificate in Meghalaya, an applicant must submit the death certificate of a deceased person, residence proof, identity proof, and other supporting documents. It is advised to get help from experts who will guide you with the step-by-step process of legal heir certificates in Meghalaya and submit the document in a timely manner, without any delay.

  4. How can one apply for a Legal Heir Certificate in Meghalaya?

    Any individual can apply to get a legal heir certificate in Meghalaya. The applicant is required to submit the application form in the prescribed format along with the supporting documents before the concerned Taluk or Revenue office. The authority will verify the documents and issue a legal heir certificate in Meghalaya in the name of the heirs.

  5. What is the processing time for obtaining a Legal Heir Certificate in Meghalaya?

    The processing time to get a legal heir certificate in Meghalaya varies depending upon the documents submitted to the local authority. Generally, it takes a period of 15 to 30 days to issue a legal heir certificate in Meghalaya.

  6. Are there any fees associated with obtaining a Legal Heir Certificate in Meghalaya?

    Yes, to get a legal heir certificate in Meghalaya, the applicant is required to deposit a very nominal fee to proceed with his or her application for an heir's certificate. The fee structure may vary. Thus, it is advised to check with the local authority for existing legal heir certificates in the Meghalaya fee structure.

  7. Can the Legal Heir Certificate be used for property transfer in Meghalaya?

    Yes, a legal heir certificate in Meghalaya is used for the transfer of property related to the deceased person to their rightful legal heirs. This certificate establishes the inheritance rights of the individuals whose names are mentioned in the legal heir certificate in Meghalaya.

  8. Can the application for a Legal Heir Certificate be tracked online in Meghalaya?

    Yes, some states offer online portals to apply for legal heir certificates in India. You need to visit the government's official website and apply for the legal heir certificate in Meghalaya, and you can easily check the status of your form. Or it is advised to visit the local authority administrative office and inquire about the status of your legal heir form.

  9. Is it necessary to involve a lawyer in obtaining a Legal Heir Certificate in Meghalaya?

    No, it is not mandatory to involve a lawyer to get a legal heir certificate in Meghalaya. But it is advised to get help from a lawyer to ensure your documentation for your legal heir certificate is undergone accurately and adheres to the specific provisions. This will help to streamline the entire process to avoid errors.

  10. What should one do in case of any discrepancies in the Legal Heir Certificate in Meghalaya?

    In the case of any discrepancies in the legal heir certificate, then it is advised to immediately connect with the local authority. You need to provide the supporting documents to make corrections in the legal heir certificate.

READ  Detailed Procedure for Issue of Succession Certificate

References

  1. https://ntr.ap.gov.in/tehsil/

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