Legal

Path to Obtaining a Sikkim Legal Heir Certificate: A Guide

Obtaining a Sikkim Legal Heir Certificate is mandatory for the people of Sikkim. This is an essential legal document to claim the benefits available with the deceased dying intestate. This Sikkim legal heir certificate is followed by filling out an application form before the concerned authority to process the intestate succession sought by the legal heirs of a deceased dying intestate.

The procedure for issuing a legal heir certificate is by itself an arduous process, thus requiring a thorough understanding of the procedures. The most significant of them is the issuance of a certificate of the legal heir to class ii legal heirs when there are no surviving class I legal heirs. The concerned authority issued the legal heir certificate only after proper scrutiny and certainty in the application. The Sikkim legal heir certificate applications contain the names of legal heirs and their relationship with the deceased, complied with the necessary documents like identity proof, voter ID, residential address, and death certificates duly signed and attested by the concerned authorities.

The Sikkim legal heir certificates are very important for the residents of Sikkim to transfer property, bank transactions, insurance claims, pension claims and legal proceedings.

Overview of the Legal Heir Certificate

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 transferring ownership in real estate, bank accounts, income tax returns, etc. To get a legal heir certificate, an applicant must comply with mandatory application documents. The required documents to the application form shall establish the applicant’s relationship to the deceased issued by the concerned authority.

A legal heir certificate is issued to transfer the benefits available to the deceased if he was a government servant, to claim the pension benefits, and to make an appointment based on compassionate grounds.

Once the legal heir certificate is received by the immediate family members of the deceased, who died leaving no will, they shall be able to transfer the assets and properties of the deceased in their name.

Requirement of Legal Heir Certificate in Sikkim

The legal heir certificate in Sikkim 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. The legal heir certificate in Sikkim 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.

Legal requirements and eligibility

As per the Indian Succession Act, the legal heirs are divided into classes i, ii, etc. Accordingly, the inheritance rights over the deceased’s dying intestate assets and properties are transferred, thus reducing the apprehensions of the family dispute.

If a Hindu male dies intestate without making a will, his properties/ assets shall be transferred according to the succession act, and the inheritance rights first go to the Class I heirs such as the deceased son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, widow of a pre-deceased son.

 The Class II legal heirs are only eligible to claim a legal rights certificate if the Class I legal heirs are not available. The class ii legal heirs of a deceased dying intestate are father, son, daughter, son, son’s daughter, brother, sister, daughter’s son, daughter son’s daughter, daughter, ‘s daughter son, daughter daughter daughter.

Document Checklist for Legal Heir Certificate in Sikkim

1. A stamp of Rs 2/- is to be attached to the application for the Sikkim legal Heir certificate.
2. Applicant self-undertaking or legal heir testimony.
3. An application by the applicant shall be accompanied by a letter from the government and the department of the deceased employee.
4. Identity proof of the applicant.
5. Legal heir residence proof such as voter ID, driving license, bank passbook, etc.
6. Legal heir proof on date of birth.
7. An original death certificate of the deceased.
8. Ration card.

Application process for Legal Heir Certificate in Sikkim

1. The applicant shall visit the tehsildar or taluka office. The applicant can also contact a local advocate for better guidance on applying for a Sikkim legal heir certificate.
2. The applicant shall get the application form for the Sikkim legal heir certificate from the authorized person in the concerned office.
3. The applicant, after collecting the application form for the legal heir certificate, shall fill up the details very carefully, mentioning the name, address, number, identity, etc, along with the details of the deceased such as an address, identity, relation, etc.
4. An undertaking of the applicant is also mandatory to be attached along with the application form of the Sikkim legal heir certificate.
5. After writing the details in the application form, the applicant shall attach all the necessary documents, along with the payment of the court fee, applicant undertaking, letter from the government authorities, etc.
6. Lastly, the applicant shall submit the application form of the Sikkim legal heir certificate along with the Rs 2/- stamp to the concerned officer for the due verification of the same.
7. After the submission of the Sikkim legal heir certificate, the same shall be forwarded to the village officer and revenue inspector for verification.
8. The Sikkim legal heir certificate will be issued once the verification is completed by the authority concerned, mentioning all the legal heirs of the deceased.

Processing time and fees for Legal Heir Certificate in Sikkim

The processing time for obtaining Sikkim’s legal heir certificate is usually 30 days, as stipulated unless there are any discrepancies in the document or any objections during the verification of the application.

The applicant may approach the Revenue Division officer or sub-collector if there is any further delay with the Sikkim legal heir certificate.

There is no such fee while applying for the Sikkim legal heir certificate, except the applicant has to attach a court stamp of Rs 2/- along with the application.

Inside Information’s

1. In case the spouse applies for the legal heir certificate, he/she shall comply with the following documents: marriage registration certificate, aadhaar card, passport, voter ID, birth certificate, and transfer certificate of all the children and self-declaration affidavit mentioning all the legal heirs including the mother-in-law if the applicant id the wife of the deceased dying intestate.
2. When the minor child’s parents pass away, he shall apply for the legal heir certificate through the guardianship order passed by the Hon’ble Civil court, death certificate of the parents, birth certificate, aadhaar card, passport, etc.

Follow-up and status tracking

The applicant for the Sikkim legal heir will receive an acknowledgement receipt from the concerned authority, and with this acknowledgement number, the applicant can visit the office concerned to track the status of the application for the Sikkim legal heir certificate.

The stipulated time for delivering the Sikkim legal heir certificate is within 30^th days; if there is further delay, the applicant can follow up with the officer concerned or his office.

Legal heir and succession certificate difference

Both legal heir and succession certificate are different from each other. Legal heir is obtained from the tehsildars or municipalities, and a succession certificate is issued by the district court¹ after filling a suit by the legal heirs of the deceased dying intestate.

Only deceased spouses, children, parents, and siblings can file the application for a legal heir certificate, whereas a succession certificate may only be filled by the legal heirs of the deceased dying intestate.

The period of delivery of the legal heir certificate is 1 month, and for the succession certificate, the proceeding may be up to 6-7 months unless there are any objections to the suit filed by the legal heirs.

The application for the legal heir certificate needs to be accompanied by a stamp of Rs2/- and Rs 20 stamp paper for an affidavit. Whereas the fees for granting a succession certificate, the applicant must deposit 3% of the total value of the property of the deceased dying intestate.

Different types of legal heir certificates

This legal heir certificate and its legal requirement differ from country to country or state. In India, legal heir certificates have various local names such as verisu, Next of kin, varsai, etc.

Some of the common and valid legal heir certificates or documents are:-

Legal heirship certificate– This certificate is issued by the district taluk officer/ tehsildar or, in some districts, by the district commissioner’s office. The certificate is issued to the applicant seeking for the legal heir of the concerned deceased dying intestate to identify the legal survivor of the deceased to claim insurance, retirement benefits, gratuity, investments, etc.

Succession certificate– This succession certificate is issued by the civil court upon filing of the petition by the applicant seeking legal survivorship over the deceased assets and moveable properties, including the transfer of debts and securities to the legal heirs of a deceased person.

Letter of Administration– A Letter of Administration is issued by the civil court granting authority to a person over the deceased dying intestate to manage as an administrator and distribute the deceased estate to the rightful legal heirs.

Probate– Probate is a judicial process as per the Indian Succession Act through which the will of the deceased is verified and evaluated by the district court to check if the will is genuine.

Probate gives the executor the right to administer the assets and properties of the deceased by receiving a certificate from the court of law.

FAQs

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