Legal

Legal Heir Certificate in Odisha

Legal Heir Certificate in Odisha

A legal heir certificate holds significant importance as it aids in identifying the surviving family members or heirs of a deceased individual. This document is typically issued by Revenue Officers, such as the Tahsildar or Revenue Mandal Officer, in the state of Odisha. However, if the legal heir certificate is not accepted for a specific claim, it becomes necessary to procure a succession certificate through the civil court.

This article will provide a comprehensive overview of the procedure for obtaining a legal heir certificate in Odisha.

Uses of Legal Heir Certificate in Odisha

A legal Heir certificate is essential in many legalities. Having a legal heir certificate in Odisha can prevent a person from many legal hurdles. It can be wide.

Some of its uses are as follows –

Transfers

The legal heir certificate serves a crucial role in facilitating the transfer of various assets and responsibilities. It is required for transferring the electricity connection to the legal heir’s name, updating house tax records in the name of a family member, facilitating telephone connection transfers, and managing the transition of a deceased person’s bank account to the legal heir.

Money Withdrawal

For financial transactions involving amounts up to Rs.1 lakh, a legal heir certificate is mandatory for withdrawing money from institutions such as banks and post offices.

Government Benefits

In the case of a person who served as a Government Servant, the legal heir certificate proves beneficial for several purposes, including claims related to retirement benefits, pensions, insurance, gratuity, provident fund, and arrears salaries.

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Property Transfer

The primary purpose of obtaining a legal heir certificate is to facilitate the transfer of inheritance, specifically in terms of property or land left behind by the deceased. This certificate is instrumental in identifying the rightful heir to a particular property following the sudden demise of the registered owner.

During property registration in Odisha, sellers are obligated to provide the legal heir certificate to buyers to confirm the ownership of the property being sold. Failure to verify legal heir certificates during the purchase of ancestral property may lead to potential legal disputes in the future.

Who is eligible to obtain a Legal Certificate In Odisha?

Legal Heir Certificate in Odisha can be obtained by any person who is directly connected with the deceased individual. People who are eligible to obtain a legal heir certificate in Odisha are mentioned below –

  1. Mother of the Deceased Person
  2. Father of the Deceased Person
  3. Wife of the Deceased Person
  4. Husband of the Deceased Person
  5. Siblings of the Deceased Person
  6. Son of the Deceased Person
  7. Daughter of the Deceased Person

Documents required for Obtaining a legal heir certificate in Odisha

There are certain documents which are required by an individual to obtain a legal heir certificate in Odisha. Those documents are as mentioned below –

  1. Death Certificate of the Deceased Person
  2. Residential certificate of the deceased
  3. The residential certificate of the applicant
  4. Aadhar Card
  5. Voter ID Card or Ration Card
  6. On the first page of the service book, if the deceased was a Government employee
  7. Copy of finally published settlement ROR or consolidation ROR
  8. Copy of the policy bond of the Insurance Company
  9. A postal pass copy
  10. Pension book in case the deceased was a pensioner
  11. Any other document in support of the claim

Procedure for applying a legal heir certificate in Odisha –

The following procedure must be followed for obtaining a Legal Heir Certificate –

Approach CSC Centre

Step 1: Begin the legal heir certificate application process by completing the death registration and obtaining the death certificate from the relevant authority. Once this is done, visit the nearest CSC Centre.

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Submit an Application

Step 2: At the CSC Centre, submit an application in the prescribed format for the legal heir certificate. Include the following details in the application form:

  1. Personal information of the applicant, including name, gender, marital status, and religion.
  2. Permanent and present address details.
  3. Details of the person submitting the application.
  4. Purpose of obtaining the legal heir certificate.
  5. Information about the deceased individual.
  6. Details of the legal heirs.

Step 3: Provide all the necessary documents (as mentioned above) to the CSC service operator. The legal heir certificate request will be forwarded online to the relevant authority, such as the Tahsildar or Revenue Mandal Officer.

Note: The CSC Centre service operator will issue a receipt containing the legal heir application number. The applicant will also receive the application number via registered email and mobile number. It is important to keep this information safe for future reference.

Legal Heir Certificate Processing

Step 4: The Revenue Officer will process the legal heir certificate request online.

Issuing Proclamation

Step 5: The Revenue Officer will issue a proclamation in a prescribed format, inviting objections from the public regarding the list of legal heirs of the deceased. This proclamation period typically lasts for fifteen days.

Step 6: After collecting and verifying all necessary documents, the Revenue Officer will take action to issue the legal heir certificate. The Revenue Divisional Officer (RDO) will be involved in this process.

FAQs

  1. What is a Legal Heir Certificate?

    A legal heir certificate is a kind of legal document issued from the end of the state government that establishes the relationship between the deceased person and his or her legal heirs. This legal heir document is crucially important to claim pension, inheritance, and any other legal rights.

  2. Who can apply for a Legal Heir Certificate in Odisha?

    The legal heir's certificate in Odisha is mainly applied through the heirs of a deceased person, such as spouse, children and parents. This legal heir certificate in Odisha is helpful to settle the estate of a deceased person.

  3.  What is the importance of a Legal Heir Certificate?

    A legal heir certificate is significantly important for various things, including transferring assets, claiming insurance and different government schemes. A legal heir certificate acts as a proof of rightful inheritance.

  4. How do you apply for a Legal Heir Certificate in Odisha?

    A legal heir certificate in Odisha can be applied through the heirs of a deceased person. An applicant is required to approach the Taluk's office, fill out the legal heir certificate form, submit all the relevant documents, and pay the requisite fees. The entire process involves the verification of submitted documents, which generally takes a week or more time.

  5. What documents are needed for the application?

    A list of general documents is required to proceed with a legal heir certificate in Odhisa. It is listed below-
    1.      Death certificate of the deceased person,
    2.      Aadhar card of heirs
    3.      Relationship proof (marriage certificate, birth certificates)
    4.      Address proof of heirs
    5.      Affidavit stating details of the legal heirs

  6. Is there any specific format for the affidavit?

    Yes, the concerned authority has prescribed the format to submit the affidavit, which includes the name, address and relationship of all heirs with the deceased person, etc.

  7. What is the processing time for obtaining a Legal Heir Certificate?

    The processing time to obtain a legal heir certificate is generally a period of 15-30 days. But sometimes, it varies depending upon the nature of documents submitted to the concerned authority, and after a successful verification of documents, the authority issues a legal heir certificate in the name of all heirs. 

  8. Can I track the status of my application?

    Yes, you can easily track your application for a legal heir certificate. Several states provide online facilities through online portals to check the status, or an applicant is free to visit the Taluk office to know the status of his or her legal heir certificate.

  9. Is it necessary to visit the Tehsildar office in person?

    Although the applicant is required to submit the legal heir certificate application in the Taluk office, some states offer online facilities where an applicant can easily make the submission of relevant documents to get a legal heir certificate. You need to visit your respective area Taluk office to learn the details.

  10. What is the validity of a Legal Heir Certificate?

    A legal heir certificate is issued for a lifetime. There is no requirement to renew a legal heir certificate. However, it is advised to consult with the legal heir experts to get updates or any changes in regulations of legal heir certificates.

  11. Are there any legal penalties for false information in the application?

    Yes, it is a crime itself to provide false information to get a legal heir certificate. Thus, it is advised to ensure that all the documents are relevant and truthful before submitting them to the concerned taluk office to get a legal heir certificate.

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