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Navigating Application for Legal Heir Certificate in West Bengal: A Detailed Layout

Legal Heir Certificate in West Bengal

The Legal Heir Certificate in West Bengal is a mandatory document for all the residents of West Bengal to claim the benefits that are available for the legal heir of the deceased dying intestate. This article will help the individual seeking guidance on how to navigate an application for a legal heir certificate in West Bengal. One will be able to apply for the Legal heir certificate smoothly after a thorough reading of this article.

Understanding legal heir certificate in West Bengal

It is informative in understanding this legal heir certificates when a family member passes away, leaving behind his property intestate without making any will on his properties. The legal heir certificate is also known as varisu certificate, 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 West Bengal legal heir certificate or succession certificate after understanding the legal heir certificate in West Bengal procedure to have a right over the deceased’s property and to make decisions on it.

A legal heir certificate is issued by the government bodies of India to the heirs of a deceased person 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 to the application. The required documents to the application form shall establish the applicant’s relationship to the deceased issued by the concerned authority.

Application for a Legal heir certificates in West Bengal is like any other legal certificate in India as per the Indian Succession Act. When any West Bengal domicile leaves behind intestate without making any will on his property and assets, his family members shall apply for the legal heir certificate in West Bengal from the Legal Heir Certificate in West Bengal issuing government body. This legal Heir in West Bengal 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 West Bengal government provides the legal heir certificate offline as well as offline. Applicants can obtain a legal heir certificate by going to the e-portal of the respective district. This varisu certificate is mandatory to transfer the deceased person’s assets to his/her legal heir.

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Benefits for the legal heir certificate in West Bengal

There are many advantages to this legal heir certificate. Given below are some of the advantages for the applicant:

1. This certificate of legal heir is a procedure based on statutory law in India, thus establishing a rightful owner over the deceased dying intestate. With this certificate, the conflict among the family members of the deceased can be reduced.

2. The family members’ claim of the assets or any benefits that are available to the deceased are mandatory to get the certificate of the legal heir; otherwise, the family members will face difficulties in transferring the assets of the deceased.

3. This legal heir certificate in West Bengal is also necessary for the legal heirs to claim insurance, gratuity, provident funds, house tax, transfer of electricity connection, etc.

4. If the deceased was a government employee, the legal heirs are eligible to receive a family pension from the employer and to get a compassionate appointment.

5. Transfer of deceased balances, investments, assets, and deposits of the deceased.

Who can Apply for a legal heir certificate in West Bengal

According to the Indian Succession Act of 1925, family members of the deceased dying intestate can obtain legal heir certificates in West Bengal; they are divided into two categories, i.e. Class I and II legal Heirs. In simple language, the legal heirs of the deceased include a son or daughter, spouse, parents and so on.

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 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.

Application procedure for legal heir certificate in West Bengal

For applying for the legal heir certificate in West Bengal, the following procedures are to be followed by the applicant

1. Firstly, the applicant has to visit the Tahsildar or Taluk office in West Bengal’s local authority. This Taluk office, also known as the revenue office, comes under the state’s revenue department.

2. Secondly, the applicant needs to get the application form for a legal heir certificate in West Bengal from the local authority concerned mentioned above.

3. Thirdly, the applicant needs to fill out the form issued by the revenue office. This form is to be filled with proper attention to detail without leaving any silly mistakes, or else there will be a huge chance of rejection from the local authority; hence, to avoid such mistakes, an applicant can take the guidance of an advocate who has practised in the district court of the West Bengal.

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4. Fourthly, this application form to obtain a legal heir certificate in West Bengal needs to be attached with all the necessary documents establishing the relationship between the deceased and family members.

5. After filling out the form along with all the necessary documents, the applicant shall submit the legal heir certificate in West Bengal to the local authority.

6. The applicant, while submitting the form with the required information to the revenue department, needs to pay the mandatory court fee, which would be less than Rs. 10/-.

7. The local government, after receiving the application for the legal heir certificate in West Bengal, will thereafter verify the documents submitted by the applicant; this local authority will cross-check if the information mentioned in the application is genuine and if it establishes a relationship with the deceased.

8. The applicant once the submission is made to the tehsildar office1, an acknowledgement receipt will be provided; the acknowledgement receipt will help the applicant to track the stages of the application procedure.

9. Only after the verification and cross-check of the documents in the application form for legal heir certificate in West Bengal shall the local authority issue the legal heir certificate in West Bengal to the applicant. Thus, a legal certificate can be collected by the rightful heirs of a deceased.

Important Documents required

1. A prescribed fee along with a stamp paper.

2. A self-undertaking affidavit.

3. If the deceased was a government employee, then a letter from such a government department could be attached to the application form for a legal heir certificate in West Bengal.

4. Applicant passport-size photograph.

5. Applicant identity proof.

6. All legal heir residence proof.

7. Legal heir’s date of birth proof.

8. Original death certificate of the deceased.

9. Residence certificate of the deceased person.

10. A proof of a relationship between an applicant and the deceased person.

Fee structure

A stamp fee of Rs.2 needs to be paid along with the application for a legal heir certificate in West Bengal; a miscellaneous fee such as form fee, xerox, lawyers fee, etc, are to be incurred by the applicant accordingly.

Related Guidelines for Legal Heir Certificate in West Bengal

1. Documentary address proof of the address includes the passport, telephone bill, ration card, aadhaar card, rent agreement, revenue record, certified voter ID, registered sale deed, photo passbook of the running bank account, etc.

2. For the document proof of identity of the applicant, he can submit an election commission photo ID card, driver’s license, or pensioner card having a photograph of the applicant.

3. For the documentary proof of date of birth, the applicant can submit a birth certificate issued by a municipal Authority or any office authorized to issue Birth and death certificates by the registrar of births and deaths, school leaving certificate, PAN card, etc.

4. The signed application of the applicant in the legal heir certificate application is also mandatory to obtain the legal heir certificate from the authorized officer.

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Who are the qualified members to issue the certificate

The legal heir certificate can be obtained in West Bengal is also known as the varisu certificate. This authority comes under the state government, such as the revenue officer or the magistrate, who are responsible for the verification of the legal heir certificate form attached with the necessary document by the applicant for establishing the relationship between the deceased and the applicant.

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

Legal heir certificate- The local municipal authority or revenue authority issued the legal heir certificate to the applicants seeking the legal heir certificate of the deceased dying intestate. Basically, it establishes the legal identity of the legal heirs of the deceased person for many purposes other than financial matters. This legal heir certificate also has a local name in different jurisdictions, such as varisu certificate, family tree certificate, inheritance certificate, pedghinama, etc.

It is also governed by the Indian Succession Act, along with state-specific laws and local authorities, if available. Legal hier certificates are required for claiming certain benefits such as pension, insurance, gratuity, and any other benefits related to the deceased dying intestate.

Succession certificate- The main purpose of the succession certificate is to establish a legal heir of the deceased dying intestate issued by the civil court of the particular state of the state of the deceased. This succession certificate authorizes the legal heirs to inherit the assets of the deceased, such as debts, securities, and immovable or moveable properties of the deceased.

This succession certificate is also known as a letter of administration. The succession certificate is governed by the statutory law The Indian Succession Act,1925.

FAQs

  1. What is the procedure to get a legal heir certificate in West Bengal?

    The application procedure includes visiting the Taluk office, getting the application form, filling the forms, annexing the documents, stamping the paper, and then submitting the said form.

  2. How do I write an application for a legal heir certificate?

    The application must include the name of the deceased, the date of the deceased, the deceased family member's name, and details of the issuing authority.

  3. Who can issue legal heir certificates in India?

    In India, a legal heir certificate is issued by the local authority, such as the district tehsildar or revenue officer, or any other government authority as per the guidelines of the state.

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

    A legal heir certificate is an important document; it 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.

  5. What is required for a succession certificate?

    To obtain a succession certificate, a petition must be filed before the district civil court of the district where the deceased is a resident.

  6. What is an alternative to a succession certificate?

    The alternative to the succession certificates is the legal heirship certificate and the death certificate of the deceased.

  7. Can property be sold without a succession certificate?

    A succession certificate is mandatory for dealing with immovable property for which the deceased person has not left a valid will.

  8. What is the time period for a succession certificate?

    The time period for a succession certificate is 6-7 months if there is no objection to the succession petition within 45 days of publication in the newspaper.

  9. Is a legal heir certificate enough for property transfer?

    Legal heir certificates are to be obtained by the family members of the deceased dying intestate to transfer the assets to his or her legal heirs. It is an important document that establishes the relationship with the deceased.

  10. How do you transfer property after the death of the owner?

    After getting a legal heir certificate, the heirs will be required to visit the sub-registrar's office.

References

  1. https://revenue.delhi.gov.in/revenue/list-tehsildar-revenue-department

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