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How to Get Legal Heir Certificate in Bihar?

When an individual suddenly dies without appointing a successor for his/her assets and properties, a legal heir certificate becomes important. This is an essential document to prove the relationship between a deceased person and his/her family members. A legal heir certificate makes the process of inheritance fair and legitimate.

This blog has provided a comprehensive idea about legal heir certificates in Bihar and how to apply for the same.

What Are Legal Heir Certificates?

A legal heir certificate helps to establish or prove the legitimacy of the rightful successors of a deceased person for his /her properties. All eligible or potential successors need to possess this document to claim their deceased family member's assets.

This document is useful in case of the sudden demise of an individual without a proper Will mentioning a power of attorney. To obtain a legal heir certificate in Bihar, one must have the deceased individual’s death certificate.

 

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What is the Purpose of Legal Heir Certificate?

The points below highlight the purpose of obtaining legal heir certificates in Bihar.

  • Allows the legitimate heir to claim insurance benefits on behalf of a deceased person
  • One can gain access to gratuity, family pension, provident fund, etc. on behalf of the deceased. 
  • Inherit assets and other properties of a deceased individual
  • Utilise other subsidies that government provides to the family members of the deceased

Who is Eligible to Get a Legal Heir Certificate in Bihar?

Here is a list of people who can make legal heir certificate applications in Bihar. 

  • Siblings of the deceased person
  • His/her spouse
  • Parents 
  • Child/children of the deceased

What Are the Documents Required to Apply for Legal Heir Certificates in Bihar?

Following are the documents that you must produce to get a legal heir certificate in Bihar:

Primary Documents

  • Death certificate
  • Proof of residence of the deceased
  • Legal heir’s proof of identity
  • Proof of residence of the heir
  • Proof of date of birth of the heir
  • Duly signed application form

When a Spouse Applies for a Legal Heir Certificate

  • A self-declaration form of spouse that includes all legal heirs.
  • Transfer certificate or birth certificate for all children
  • Aadhaar card, passport or voter ID and marriage registration certificate of the surviving spouse

When a Child Under the Age of 18 Applies for a Legal Heir Certificate

  • Death certificate of his/her parents
  • Guardianship order by a Civil Court to prove an heir's relationship to the deceased 
  • Birth certificate, Aadhaar, transfer certificate or passport of all possible heirs

For Parents or Siblings of an Unmarried Deceased Individual

  • Death certificate of the deceased
  • Self-declaration form for parents or siblings stating the relationship with the deceased
  • Aadhaar card, transfer certificate, birth certificate, or passport of the deceased

What is the Process To Apply for a Legal Heir Certificate in Bihar?

After successful verification, the process of issuing the heir certificate carrying the names of all legal heirs will ensue. This usually takes 15-30 days to complete, provided the applicant submits the correct documents. 

However, if there are any inaccuracies with document submission or while filling up the application form, this process may take a longer time.

How to Apply Offline for Legal Heir Certificates in Bihar?

Here are the steps to consider for a smooth application process.

Step 1: Download the legal heir certificate application form from the Saharsa portal of Bihar. Take a printout and fill this up thoroughly as per the given instructions. 

Step 2: Visit the nearest Tehsildar or Taluk’s office with the application form. You can also apply for a legal heir certificate in Bihar by visiting the local District Civil Court. 

Step 3: Attach all required documents with your duly signed application form. You must submit them to the concerned Tehsildar, Taluk or District Civil Court officer. 

Step 4: After submission of your application form, the local revenue officer or Village Administrative Officer will conduct a thorough verification. 

Step 5: After successful verification, the concerned officer will issue a legal heir certificate in Bihar to the applicant after a certain time.

How Long Does It Take to Get a Legal Heir Certificate in Bihar?

To get legal heir certificates in Bihar, you must wait for around 15 to 30 days after your application. However, if there are any errors in document submission or discrepancies in your submitted data, it may take a considerably longer time.

What Are the Fees for Applying for a Legal Heir Certificate in Bihar?

To obtain a legal heir certificate in Bihar, an individual must pay ₹2 for stamp paper. He/she must also pay ₹20 for a stamp paper affidavit to complete the procedure.

How to Get a Duplicate Legal Heir Certificate in Bihar?

If you lose or misplace a legal heir certificate in Bihar, you must contact the concerned office. Visit the District Civil Court or the office of Tehsil or Talukdar nearest to your location. You must possess the deceased relative’s death certificate and know the date of issuance of the previous certificate to get a duplicate document. 

The powers of legal heir certificates in Bihar are revocable. This means, in case of any later discrepancies and objections, the governing body can declare this certificate void. Therefore, it is very important to produce all necessary documents that can define an individual as the legal heir of a deceased person.

FAQs About Legal Heir Certificate in Bihar

Can someone get a legal heir certificate in Bihar for their deceased grandparents?

In a judgement, the Madras High Court has clarified that Class II relatives of an individual can also apply for legal heir certificates. Class II relatives include fathers, grandchildren, great-grandchildren, siblings and other relatives. This likely applies to residents of Bihar.

What are the address proof documents that one must produce to issue a legal heir certificate in Bihar?

To validate one's address, one must attach documents like a telephone bill, bank passbook, passport, Aadhaar card, voter ID card, PAN card, gas bill, driving license and electricity bill. These documents must clearly state the address of the deceased or the applicant as proof for legal heir certificates in Bihar.

What to do in case of a delay in the legal heir certificate’s arrival?

If you are facing a delay in receiving the legal heir certificate in Bihar, you can approach the Revenue Division Officer or Sub-Collector in the nearest office.