How to Get Legal Heir Certificate in Goa?
Inheritance involves complicated legal processes. This means that when a person dies intestate, i.e., without declaring his/her transfer of assets in a will, his/her heirs have to present proof of their inheritance.
To expedite the procedure of inheritance, a waris certificate or a legal heir certificate is required. Note that this certificate is very much different from a succession certificate and must not be considered the same.
This article will provide a comprehensive idea of a legal heir certificate in Goa, its purpose and how to apply for one.
What is Legal Heir Certificate?
A legal heir certificate is an official document that helps establish the relationship between a deceased individual and his/her immediate family members. It is a mandatory document in case a person passes away before documenting the conditions of asset transfer.
You can apply for a legal heir certificate in selected government offices in the state where you reside. To get a legal heir certificate in Goa, you must have the death certificate of your deceased family member.
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What are the Purposes of Legal Heir Certificates?
The legitimate heirs of a deceased individual can initiate the asset transfer process with a legal heir certificate. One can also claim the deceased family member's bank deposits, provident funds, pensions, etc.
Therefore, the uses of a legal heir certificate in Goa are as follows:
- Claim family pension
- Receive proceed from an insurance policy
- Initiate the process of transfer of assets
- Receive salary arrears of the deceased family member
- Get employed based on compassionate appointments
- Earn dues from provident funds and gratuities on behalf of a deceased person
Who is Eligible to Get a Legal Heir Certificate in Goa?
As per Indian laws on succession, a deceased person’s immediate family members are his/her legal heirs. Here is a list of individuals who are eligible to apply for a legal heir certificate in Goa.
- Parents of a deceased individual
- Daughter or son of a deceased person
- Spouse of a deceased individual
What are the Documents Required to Apply for a Legal Heir Certificate in Goa?
The list below highlights the documents that you must possess to obtain a legal heir certificate or a succession certificate in Goa.
- Duly filled up and signed application form for legal heir certificate
- Address proof of the deceased individual. This may include any valid identity proof or utility bills that show the deceased person’s name and address.
- Birth proof of all legitimate heirs of the deceased’s assets
- Death certificate
- Identity proof of applicants, which can be a voter ID card, Aadhaar card, passport, driving license or any identity card issued by the government
How to Apply for a Legal Heir Certificate in Goa?
Now that you know about the importance of a legal heir certificate, let’s see how to obtain a legal heir certificate in Goa.
Offline Application Process for a Legal Heir Certificate in Goa
Step 1: Visit the office of the tehsildar, talukdar or district civil court nearest to your residence in Goa.
Step 2: An officer will provide you with an application form along with a sample for your reference. You must fill up the application form as per the instructions to apply for a legal heir certificate in Goa. Here, you must provide mandatory information like your address, identity, and contact number, among other details. You are also required to enter the details of your deceased relative like your relation, address, name and a self-written and signed undertaking.
Step 3: Attach the mandatory documents, including your identity proof, date of birth proof and address proof of the deceased person and other legal heirs. You must also carry the death certificate of your deceased family member. Consider submitting all these documents to the concerned officer for him/her to start the verification process.
Step 4: This form will reach the village officer and revenue inspector who will conduct the verification process. After successful verification, he/she will provide the legal heir certificate mentioning the names of all the legitimate heirs of the deceased person.
Online Application Process for a Legal Heir Certificate in Goa
One must apply for this certificate physically as the online application process for a legal heir certificate is currently not available in Goa.
How Long Does it Take to Get a Legal Heir Certificate in Goa?
It takes approximately 30 days for an individual to receive a legal heir certificate in Goa. However, if there are any discrepancies or errors in your form or documents, it might take a longer time for you to receive a legal heir certificate. If you did not receive it after 30 days of application, you can approach the Revenue Division Officer (RDO) or sub-collector.
What Are Charges for Applying Legal Heir Certificate in Goa?
To apply for a legal heir certificate in Goa, you must pay ₹0.25 for the court fees. To know about additional fees, you must ask the officer in charge. The charges for stamp duty and affidavits for legal heir certificates are generally nominal.
How to Get a Duplicate Legal Heir Certificate in Goa?
If you have lost or misplaced a legal heir certificate in Goa, you can apply for a duplicate or a copy. For this, you must approach the nearest taluk, tehsil or district civil court with the death certificate of your deceased relative and the issuance date of the previous certificate.
They will provide you with a form, which you must fill up and submit to apply for a duplicate certificate. You also need to pay a small fee to get the duplicate legal heir certificate.
A legal heir certificate is an important document that reduces disputes arising out of inheritance. This document allows selected family members to access all assets and liabilities of a deceased person. However, one must remember that the authorities can consider your legal heir certificate null and void if they find discrepancies in your submitted details.
FAQs About Legal Heir Certificates in Goa
What is the limitation for the declaration of the legal heir in Goa?
According to Article 120 of the Limitation Act, 1963, the limitation for bringing legal heirs and representatives of the deceased party is of 90 days.
What are the required documents to register a will in Goa?
The documents to register a Will in Goa are: the original will by the testator, 2 witnesses signing the will, photo proof of the testator making the will in presence of the witnesses, 2 passport-size photographs of the testator and both witnesses, a certificate of mental fitness of the testator, address proof and PAN card of the testator and the witnesses.
Who issues legal heir certificates in Goa?
The offices of the taluk, tehsildar, municipality or municipal corporation are responsible for issuing legal heir certificates in Goa. You can also approach a local district civil court or panchayat to obtain this certificate.