Legal Heir Certificate in Mumbai : Everything You Need to Know

Legal Heir Certificate in Mumbai : Everything You Need to Know

LegalKart Editor
LegalKart Editor
09 min read 65 Views
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Last Updated: Sep 21, 2024

Navigating legal processes can often seem daunting, especially during times of loss. When a family member passes away, one of the critical documents you might need is a Legal Heir Certificate. This certificate is essential for transferring the deceased person's assets to their rightful heirs. In this blog, we will cover everything you need to know about obtaining a Legal Heir Certificate in Mumbai .

What is a Legal Heir Certificate?

A Legal Heir Certificate is a document issued by the government that establishes the relationship between the deceased and their legal heirs. It is crucial for the transfer of the deceased's assets, such as property, bank accounts, and investments, to the legal heirs.

Importance of a Legal Heir Certificate

The Legal Heir Certificate is vital for several reasons:

  1. Asset Transfer: It is required to transfer the deceased person's assets to their legal heirs.

  2. Insurance Claims: It is necessary for claiming the deceased person's life insurance.

  3. Pension Benefits: It is required for transferring the deceased person's pension benefits to the legal heirs.

  4. Bank Accounts: It is needed to access the deceased person's bank accounts and fixed deposits.

Who Can Apply for a Legal Heir Certificate in Mumbai ?

The following individuals are considered legal heirs and can apply for a Legal Heir Certificate:

  1. Spouse of the deceased

  2. Children (son/daughter) of the deceased

  3. Parents of the deceased

  4. Siblings of the deceased (in the absence of direct legal heirs)

Required Documents for Legal Heir Certificate in Mumbai 

To apply for a Legal Heir Certificate in Mumbai , you need the following documents:

  1. Death Certificate: A copy of the death certificate of the deceased.

  2. Identity Proof: Identity proof of the applicant (Aadhar card, Voter ID, etc.).

  3. Address Proof: Address proof of the applicant.

  4. Relationship Proof: Documents establishing the relationship of the applicant with the deceased (birth certificate, marriage certificate, etc.).

  5. Affidavit: An affidavit on a non-judicial stamp paper stating the relationship with the deceased and the list of surviving legal heirs.

How to Apply for a Legal Heir Certificate in Mumbai 

Applying for a Legal Heir Certificate in Mumbai is a straightforward process, and it can be done either online or offline, depending on your preference and convenience. Below is the detailed steps on how to apply for a Legal Heir Certificate in Mumbai, covering both methods.

Step-by-Step Guide for Online Application:

  1. Visit the Official Website: Access the Maharashtra government’s official portal for citizen services, Aaple Sarkar Portal (https://aaplesarkar.mahaonline.gov.in/en).

  2. Register on the Portal:

    1. If you are a new user, register by clicking on the "New User? Register Here" option. You will need to provide your mobile number and email ID for verification.

    2. If you are an existing user, log in using your credentials.

  3. Choose the Certificate:

    1. Once logged in, select the "Revenue Department" from the list of services.

    2. Navigate to the "Legal Heir Certificate" option under the list of available certificates.

  4. Fill in the Application Form: Complete the online application form by providing details such as:

    1. Personal details of the applicant

    2. Names of other legal heirs

    3. Relationship of the applicant with the deceased

    4. Date of death

    5. Name of the deceased

  5. Upload Required Documents: You will be prompted to upload the necessary documents, which include:

    1. An affidavit (if applicable)

    2. Address proof of the deceased and applicant

    3. Proof of relationship with the deceased (birth certificate, marriage certificate, etc.)

    4. Identity proof of the applicant (Aadhaar, PAN, Voter ID, etc.)

    5. Death certificate of the deceased

  6. Pay the Fee: Pay the nominal application fee online through net banking, credit/debit card, or UPI.

  7. Submit the Application:

    1. After completing the form and uploading documents, submit the application.

    2. You will receive an acknowledgment receipt with an application number for future reference.

  8. Track the Status: You can track your application status by logging into the Aaple Sarkar portal and entering your application number.

  9. Receive the Certificate: Once the verification process is complete, the Legal Heir Certificate will be issued online. You can download the certificate directly from the portal.

Also Read: Grandchildren Inheritance Rights in India

Step-by-Step Guide for Offline Application:

  1. Visit the Tahsildar’s Office: Go to the nearest Tahsildar’s or Taluk office in your area. In Mumbai, you can also visit the Collectorate Office or Revenue Office.

  2. Obtain the Application Form: Request the Legal Heir Certificate application form from the office. You can also download the form from the Maharashtra government’s website and fill it out beforehand.

  3. Fill in the Required Details: Complete the form with accurate details, including:

    1. Applicant’s personal details and contact information

    2. Names of other legal heirs

    3. Relationship of the applicant with the deceased

    4. Date of death

    5. Name and details of the deceased

  4. Attach Required Documents: Attach the necessary supporting documents such as:

    1. Affidavit declaring that the applicant is a rightful legal heir (if required)

    2. Address proof of the deceased

    3. Proof of relationship with the deceased (birth/marriage certificate)

    4. Identity and address proof of the applicant (Aadhaar, Voter ID, etc.)

    5. Death certificate of the deceased (original or certified copy)

  5. Submit the Application: Submit the completed form along with the attached documents to the Tahsildar or revenue officer at the local office.

  6. Verification Process: The authorities will conduct a local inquiry to verify the details provided in the application. This may include checking the family’s records and confirming the relationship with the deceased.

  7. Receive the Certificate:

    1. Once the verification process is completed successfully, the Legal Heir Certificate will be issued.

    2. You can collect the certificate from the Tahsildar’s office within a few weeks or as informed by the local authority.

Also Read: Understanding Indian Succession Law

Tips for a Smooth Application Process

  1. Ensure Accuracy: Make sure all details are correctly filled in the application form and all documents are accurate.

  2. Keep Copies: Always keep copies of all submitted documents and the application form for your records.

  3. Follow Up: Regularly follow up with the SDM office or check the status online to ensure timely processing.

Seeking Legal Advice Online

The process of obtaining a Legal Heir Certificate can be intricate, and sometimes, you might need expert guidance. Seeking legal advice online can be a convenient and efficient way to navigate through the process. Legalkart provides you Secure, Convenient, and Expert Legal Guidance at Your Fingertips. We connect you with experienced lawyers in Mumbai  who specialize in various areas of law, providing you with reliable legal advice online anytime anywhere.

Why Choose Legalkart?

  1. Experienced and Specialized Lawyers: Our network of lawyers in Mumbai  includes professionals with expertise in different fields such as property law, family law, criminal law, corporate law, and more. This ensures that you receive specialized advice tailored to your specific legal needs.

  2. Confidential and Secure: We understand the importance of privacy when dealing with legal matters. Our platform ensures that all your consultations are confidential and secure, giving you peace of mind as you discuss your legal concerns.

  3. Convenient and Accessible: With LegalKart, you can consult with top lawyers in Mumbai  without the hassle of commuting or scheduling in-person meetings. Our online platform allows you to book consultations at your convenience, making legal advice accessible anytime, anywhere.

  4. Transparent and Affordable: We believe in providing quality legal services at transparent and competitive rates. Our pricing structure is straightforward, with no hidden fees, ensuring that you know exactly what to expect.

How to Get Legal Advice Online on Legalkart

  1. Select a problem area: Select “problem type” for which you need legal assistance.

  2. Buy Legalkart cash: To consult Lawyers, you need to add Legalkart cash to your wallet.

  3. Choose Lawyers: Choose your legal expert to consult after successful payment.

  4. Discuss Your Legal Issue: During the consultation, you can discuss your legal concerns in detail. Our lawyers will provide you with professional advice, answer your questions, and help you understand your legal options.

Also Read: Know About Daughter's Rights in Mother's Property

Difference Between Legal Heir Certificate and Succession Certificate

When dealing with the legalities following the death of a loved one, understanding the differences between various these two legal documents is crucial. Two commonly required certificates may seem similar, they serve distinct purposes and are issued under different circumstances.

Key Differences Between Legal Heir Certificate and Succession Certificate

Feature Legal Heir Certificate Succession Certificate
Issued By    Government authority (SDM or Tehsildar office) Civil court
Purpose Transfer of assets, insurance claims, pension Recovery of debts, transfer of securities
Scope Establishes relationship with the deceased Establishes legitimacy and entitlement to inherit
Assets Covered Movable and immovable assets Primarily movable assets (debts and securities)
Application Process Apply to SDM/Tehsildar office with documents File a petition in civil court, notice, hearing
Time Taken Generally 15-30 days May take several months due to court proceedings
Legal Binding Less formal, usually for immediate requirements More formal, legally binding, used for court purposes

 

Also Read: How Legal Heirs Can Transfer Real Estate Of Deceased

Conclusion

Obtaining a Legal Heir Certificate in Mumbai  is a crucial step in ensuring the smooth transfer of assets from the deceased to their legal heirs. By following the steps outlined in this blog, you can navigate the process with ease. Additionally, seeking legal advice online can provide you with the necessary support and guidance to handle any complexities that may arise.

Frequently asked questions

Is there any fee for applying for a Legal Heir Certificate?

Yes, there is a nominal fee for applying for a Legal Heir Certificate. The fee varies depending on whether you apply offline or online.

Can I make corrections to the Legal Heir Certificate after it is issued?

Yes, you can request corrections by submitting an application with supporting documents to the SDM office.

 

How long does it take to get a Legal Heir Certificate in Mumbai ?

The time taken to issue a Legal Heir Certificate varies but generally takes around 15-30 days after submitting the application.

 

Can I apply for a Legal Heir Certificate if I am not a resident of Mumbai ?

No, you can only apply for a Legal Heir Certificate in the state where the deceased person was a resident.

 

What if there is a dispute among heirs?

If there is a dispute among the heirs, you may need to seek legal advice and possibly resolve the matter through the courts.

 

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Frequently asked questions

Is there any fee for applying for a Legal Heir Certificate?

Yes, there is a nominal fee for applying for a Legal Heir Certificate. The fee varies depending on whether you apply offline or online.

Can I make corrections to the Legal Heir Certificate after it is issued?

Yes, you can request corrections by submitting an application with supporting documents to the SDM office.

 

How long does it take to get a Legal Heir Certificate in Mumbai ?

The time taken to issue a Legal Heir Certificate varies but generally takes around 15-30 days after submitting the application.

 

Can I apply for a Legal Heir Certificate if I am not a resident of Mumbai ?

No, you can only apply for a Legal Heir Certificate in the state where the deceased person was a resident.

 

What if there is a dispute among heirs?

If there is a dispute among the heirs, you may need to seek legal advice and possibly resolve the matter through the courts.

 

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart