Legal

Applying for a Maharashtra Legal Heir Certificate: A Step-by-step Guide

Applying for a Maharashtra Legal Heir Certificate

The Maharashtra Legal Heir Certificate is a legal document that plays an important role in defining or establishing rightful succession. To get the Maharashtra legal heir certificate, you need to obtain the application form, provide accurate vital information asked within the same form and submit it before the concerned authorities. This certificate helps to facilitate the legal and rightful transfer of property and assets of a deceased person.

Understanding Maharashtra Legal Heir Certificate

It is informative in understanding the Maharashtra legal heir certificate; when a person leaves behind his property and intestate without making any will on his properties, the legal heir certificate plays a key role in dividing the deceased’s property according to the rights established as per the succession act. The succeeding family members of the deceased shall apply for a legal heir or succession certificate after understanding this legal heir certificate to have a right over the deceased property and to make decisions on it.

A legal heir certificate is issued by the government bodies of India as per the Indian Succession Act to the family members of the deceased to transfer the deceased assets. These certificates are mandatory for the transfer of ownership in real estate, bank accounts, income tax returns, etc. To get a legal heir certificate, an applicant needs to comply with mandatory documents for the application. These documents to the application form shall establish the applicant’s relationship to the deceased.

Maharashtra legal heir certificate is like any other legal certificate in India as per the Indian Succession Act. When any domicile of Maharashtra leaves behind intestate without making any will on his property and assets, his family members shall apply for this Legal Heir certificate from the Maharashtra Legal Heir Certificate issuing government body. This Maharashtra legal Heir certificate will be issued to the deceased family member as per the Indian Succession Act, thus distributing the assets of the deceased without any conflict among the family members of the deceased. As of now, the Maharashtra government provides the legal heir certificate online as well as offline. Applicants can obtain a legal heir certificate by going to the e-portal of the respective district.

Maharashtra Legal Heir Certificate Application Procedure

Following are the Legal heir documentation process in Maharashtra to obtain the Maharashtra Legal heir certificate:-

1. The applicant has to visit the taluk or tahsildar office for this legal heir certificate, or he can consult lawyers from the district civil court for better understanding and guidance for the legal heir documentation process.

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2. The applicant has to get the Maharashtra legal heir certificate form from the concerned tehsildar officer by complying with the documents required as per the state government supporting documents.

3. After receiving the form from the Tehsildar officer, the applicant needs to fill up the form very carefully after a thorough understanding, either by himself or the applicant can approach a lawyer with for complete and accurate submission.

4. After entering the details in the form of a Maharashtra legal heir certificate, the applicant shall also annex all the mandatory documents; this document shall establish the relationship with the deceased.

5. A stamp of Rs 2 needs to be attached along with the Maharashtra legal certificate application.

6. After completion of filling out the application form as per the legal heir documentation process, the applicant shall submit the form to the concerned tehsildar office.

7. The concerned officer, after receiving the application of the Maharashtra legal certificate from the applicant, shall forward it to the village administrative officers and revenue inspectors to verify the application.

8. After due verification of the application form of the Maharashtra legal certificate, the concerned officer shall issue the certificate, monitoring all the legal heirs of the deceased. meanwhile, an applicant will be given an acknowledgement receipt through which the applicant can know the status of the application on the Maharashtra legal heir certificate duly submitted.

Required Documents for Maharashtra legal Heir certificate

The applicant applying for the Maharashtra legal certificate shall have the following documents:-

1. The application form from the concerned tahasildar or taluk office.

2. The death certificate of the deceased.

3. An identity card of both the applicant and the deceased.

4. Ration card if applicable.

5. An official death certificate issued by the government authority.

Necessary Information

The concerned office for this legal heir certificate should have the following mandatory information inside the application form:-

1. The name of the deceased.

2. List of deceased family members.

3. The applicant’s signatures.

4. Application date of the applicants.

5. Residence address.

6. A notarised affidavit.

Eligible Nominees

According to the Indian Succession Act of 19251, the legal heirs following family members are divided into two categories, i.e. Class I and II legal Heirs.

It is also issued as per the guidelines mentioned in the Indian Succession Act,1925.

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 a 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.

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Fee structure Maharashtra legal heir certificate

The legal heir documentation process requires Rs.2 for a stamp and an affidavit stamp for Rs.20 and other additional expenses if required.

Application Process time

Generally, the standard processing time for this certificate is 15 days, but it can go until a month from the date of submitting the application form for the legal heir certificate, depending on the concerned government authority.

Related Guidelines

A few of the related guidelines under the Legal heir documentation process in Maharashtra are:-

1. The applicant’s identity proof includes voter ID, aadhaar card, passport, driver’s license or any identity card issued by the authorised officer.

2.  An applicant for the proof of address can submit his bank passbook, mobile bill, electricity bill, etc.

3. The legal heir, for proof of his date of birth, can submit his birth certificate, passport, school leaving/school transfer certificate, etc.

Where can you use the Maharashtra legal heir certificate?

This legal heir certificate will help the domicile in various cases, such as:-

1. From transferring the deceased utilities like land patta transfer, gas connection, electricity, telephone connection, water connection, bank account transfer, etc.

2. This legal heir certificate will also help the legal heir of the deceased get employment on compassionate grounds.

3. This legal heir certificate also helps the deceased family member to get sanctioned on the family pension scheme if available.

4. It also helps in establishing the relationship between the deceased and its legal heir.

5. This certificate on legal hier also lets the deceased legal heir enjoy certain state government schemes or retirement benefits such as provident fund, claiming insurance, house tax, state government employee benefits, pension, gratuity, electricity connection, service benefits, etc.

6. This legal heir certificate is used from time to time to sanction family benefits under certain government schemes.

FAQs

  1. What are the terms and conditions of a legal heir certificate?

    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.

  2. Is a legal heir certificate mandatory for property transfer in Maharashtra?

    As per the Maharashtra government, it is mandatory for the family members of the deceased to get a legal certificate as this document can state the next of kin of the deceased.

  3. Can a legal heir certificate be challenged?

    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.

  4. What is the limitation of legal heir on record?

    Under the civil procedure code, order 22 states the comprehensive guidelines for filling out an application for a legal heirship certificate. This legal document must be filed within 90 days from the date of death of a litigant.

  5. What is the disqualification of a legal heir?

    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.

  6. What are the disqualifications to a succession of property?

    This verification process for the disqualifications of property, such as remarriage by a few widows, is covered under sections 24 to section 28 of the Hindu Succession Act,1956.

  7. How is property transferred to legal heirs on the death of the owner?

    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.

  8. Who comes under legal heirs?

    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.

  9. Can a legal heir claim money from the bank?

    A legal heir has a right over the deposit money of the deceased. However, the nominee can withdraw the fixed deposit from the bank.

  10. What is the difference between a legal heir certificate and a succession certificate?

    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.

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References

  1. https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/indian-succession-act-1925

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