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How to Get Legal Heir Certificate in Himachal Pradesh?

A legal heir certificate is an essential document for claiming the properties owned by a deceased individual, provided that he/she has died intestate. It declares and defines the legal heirs of a deceased person as per the prevalent succession laws of our country. Apart from properties, it also helps in claiming financial securities, insurance policies, pension claims, etc.

However, one might find the process of application a bit confusing. In this article, we will discuss the purpose of a legal heir certificate in Himachal Pradesh and its eligibility, processing time, documents required and more.

What is Legal Heir Certificate?

A legal heir certificate is an important document issued by the government which helps in establishing a relationship between a deceased individual and his/her heirs. It acts as an ownership transfer document for all movable and immovable assets owned by the deceased.

However, this is only applicable only when a person dies intestate. If an individual makes a will before his death, the provisions of the will take precedence.

 

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What Are the Purposes of Legal Heir Certificate?

A legal heir certificate is an important document used to claim a deceased person's assets. Apart from property ownership, it has several other purposes, which include the following:

  • It helps in the processing of pensions, gratuities, and provident funds of a deceased individual.
  • It acts as document proof for claiming proceeds from life and general insurance policies
  • It acts as an official document for claiming bank deposits like savings, fixed deposits, etc.
  • It is required for the transfer of certain types of services like gas, telephone, ownership of vehicles, etc.
  • In case a deceased was a government employee, the legal heir may be entitled to a government job, but only if he/she has a legal heir certificate.

Eligibility Criteria for a Legal Heir Certificate in Himachal Pradesh

If someone in the family dies without making a will, his/her immediate family members are eligible to apply for a legal heir certificate. This includes:

  • The deceased person’s spouse 
  • His/her sons and daughters
  • The deceased’s mother and father

What Are the Documents Required for a Legal Heir Certificate in Himachal Pradesh?

Often, there can be confusion among applicants regarding the documents required for applying for a legal heir certificate in Himachal Pradesh (HP). To avoid such confusion here is a list of the documents required:

  • Legal heir’s photo identity proof (Aadhaar card, voter ID card, etc.)
  • Heir’s proof of residence
  • Deceased’s death certificate and residence proof
  • Affidavit of undertaking by the applicant and other legal heirs (if any)

How to Apply for a Legal Heir Certificate in Himachal Pradesh?

In the state of Himachal Pradesh, one can apply for a legal heir certificate via the official e-district website of the state government. However, it’s also possible to apply via offline mode by physically visiting a Sugam centre.

What is the Online Application Process for a Legal Heir Certificate in Himachal Pradesh?

Following are the steps to obtain a legal heir certificate in Himachal Pradesh online:

Step 1: Firstly, you have to navigate to the official e-district portal of Himachal Pradesh to make an online application.

Step 2: Then, click on "List of services" on the left-hand side of the homepage. An entire list of services will appear on the screen. Choose “Revenue Department” from it.

Step 3: From the services offered by the Revenue Department, pick “Legal Heir Certificate”. This will redirect you to a login page for applications.

Step 4: If you are a new user, you have to complete the new user registration. Click on "New Registration" and the registration page will appear on the screen.

Step 5: You will have to enter the necessary details like the applicant's name, Aadhaar number, contact number, email ID, address, etc. Then, upload a photograph and click on “submit”.

Step 6: Now, you will have to log in by entering your email ID and password.

Step 7: Post logging in, click on "Revenue Department" again followed by "Legal Heir Certificate".

Step 8: A service distribution page will appear on the screen. Click on proceed and an application form will appear.

Step 9: You are now required to enter the necessary details like your name, address, contact number, email ID and the name of the deceased person, etc. 

Step 10: Enter your registration details, upload your photograph and enter the CAPTCHA code. Then, scan the required documents and upload them.

Step 11: Post completion of the documentation process, you will now have to click on the "Payment" option. Upon confirming, you will be redirected to the payment gateway. You can choose from multiple payment options like debit card, credit card, UPI, internet banking, etc.

Step 12: After paying the required charges, download the payment confirmation receipt. 

Step 13: Your application will be sent to the concerned officer in charge, i.e., the tehsildar. He/she will now review your application and submitted documents and take a call on whether to accept or reject.

Note: If there is any further verification required, the concerned tehsildar can forward your application to Patwari. After verification and based on the Patwari report, the tehsildar will now issue you a legal heir certificate.

What is the Offline Application Process for a Legal Heir Certificate in Himachal Pradesh?

To apply for a legal heir certificate in Himachal Pradesh, you may visit your nearest Sugam centre and follow these steps:

Step 1: Obtain a legal heir certificate application form from the concerned personnel and fill it up carefully and place your signature.

Step 2: After filling up the form, affix a stamp as quoted by the authority and submit everything to the concerned office along with all the necessary documents.

Step 3: Post submission, the officer will check your application form along with the attached documents. If all are in place, he/she will issue a reference number and forward your application for further processing.

Step 4: There might be ground-level verification and scrutiny of documents submitted.

Step 5: Post verification at all levels; concerned officials will submit a report to the tehsildar.

Step 6: The tehsildar will finally take a call, based on the reports received. If he/she is satisfied with it, he/she will approve the same and issue a legal heir certificate.

Issuance of a Legal Heir Certificate in Himachal Pradesh

Legal heir certificates in HP are issued to applicants through a Lok Mitra Kendra. These centres use the e-pramaan software to issue a newly approved certificate to an applicant through offline mode.

In this software, a soft copy has to be fed in. Therefore, the person in charge will scan and upload a soft copy of your legal heir certificate. A village-level entrepreneur of the Lok Mitra Kendra shall search for the certificate using a unique reference number and take a printout. Then, it will be issued to the applicant (in person) after signing and stamping.

How Long Does it Take to Get a Legal Heir Certificate in Himachal Pradesh?

The processing time for a legal heir certificate in HP is quite fast. These documents are processed and issued on the same day or within 2 days of applying. Hence, an applicant applying for a legal heir certificate can quickly obtain it by providing the necessary documents.

 

What Are the Charges to Obtain a Legal Heir Certificate in Himachal Pradesh?

In the state of Himachal Pradesh, there is a service charge of ₹7 for issuing a legal heir certificate.

How to Get a Duplicate Legal Heir Certificate in Himachal Pradesh?

You can get a duplicate legal heir certificate if you have lost or damaged it. For that, you can visit your nearest Lok Mitra Kendra. Here, you will get the latest copy of your issued certificate. 

The duplicate certificate will be discharged with a seal of LMK and it will be treated as fully authentic and valid. However, there is a minimal charge of ₹10 for each duplicate issue.

Furthermore, there are certain things to keep in mind before you visit:

  • Make sure to have identity proof with you; a duplicate certificate is issued only to a legal heir.
  • Ensure that you have the deceased’s death certificate with you.

A legal heir certificate is an essential document that is required to make claims of a deceased person's assets. Besides inheriting properties, a legal heir is also liable to pay off the outstanding amount (tax liabilities) on behalf of a deceased person. 

If you are looking to apply for a legal heir certificate in Himachal Pradesh, read through the above sections.

FAQs About Legal Heir Certificates in Himachal Pradesh

How to check the online status of a legal heir certificate in Himachal Pradesh?

An applicant can check the online status after applying for a legal heir certificate in Himachal Pradesh by visiting the official e-district portal. One can also check its application status via SMS.

What is the validity period of a legal heir certificate issued in Himachal Pradesh?

A legal heir certificate issued in Himachal Pradesh is valid for a lifetime. These certificates do not have a limited validity or an expiry date.

What are the documents required for a legal heir certificate in Himachal Pradesh in the case of deceased parents?

An applicant will need to provide the deceased parents’ death certificates along with the birth certificate, Aadhaar card and passport of the legal heir. However, if the applicant is a child below 18 years, he/she has to submit a guardianship order issued by a local civil court.