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How to Get Legal Heir Certificate in Jharkhand?

After someone draws their last breath, their immediate family members have the complete right over his/her financial assets and property. To ensure a smooth transfer of ownership of a deceased person’s belongings, having a legal heir certificate is necessary. 

This document serves as proof of relationship for surviving family members who can make claims for their inheritances.

What is Legal Heir Certificate?

A legal heir certificate is a legal document that recognises the relationship between a deceased individual and his/her legal heirs. If there is an unexpected death of any family member, a legal heir certificate needs to be issued in the name of the heir/heirs. Each heir can then claim a part or the whole assets and properties held by the deceased individual.

What Are the Purposes of a Legal Heir Certificate?

The main purpose of a legal heir certificate is to appoint the next legal heir, who can further claim the property of the deceased person. Apart from claiming the property of a deceased individual, all legal heirs should issue a legal heir certificate for:

  • Claiming insurance proceeds
  • Transferring all assets and properties of a deceased individual to his/her immediate legal heir
  • Receiving the salary arrears of a deceased family member
  • Transferring the family pension of a deceased employee
  • Receiving dues which include gratuity and provident funds from the government
  • For compassionate appointments granted by the deceased person’s employer

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

Not everyone can get a legal heir certificate. In Jharkhand, the following individuals are legal heirs and are eligible to get a legal heir certificate:

  • Parents of the deceased person
  • Kids of a deceased person
  • His/her husband or wife 
  • Siblings, if any

 

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What Documents Are Required to Apply for a Legal Heir Certificate in Jharkhand?

The following is the list of documents every individual needs to produce to apply for a legal heir certificate in Jharkhand:

  • A fully filled-up legal heir certificate form in Jharkhand
  • An identity proof which may include an Aadhaar card, driving license, voter ID card, passport or any other government-issued identity card
  • Address proof of all legal heirs which includes telephone bills, electricity bills, gas bills, and bank passbook which state the applicant’s name clearly
  • Date of birth proof of all legal heirs
  • Death Certificate of the deceased individual
  • Self-undertaking/ legal heir testimony
  • Original copy of death certificate of immediate direct legal heir of the deceased individual

How to Apply for a Legal Heir Certificate in Jharkhand?

Legal heirs can start applying for a legal heir certificate when they receive the death certificate of their deceased relative. However, one has to manually apply for a legal heir certificate in Jharkhand since the online application service is not available. 

One can obtain a legal heir certificate in Jharkhand through multiple methods, including applying in person, through a civil court or through the CSC Locator portal. The processes are described as follows:

How to Get a Legal Heir Certificate Offline in Jharkhand?

There are different offline application processes for applying a legal heir certificate in Jharkhand:

1. Applying In-Person for a Legal Heir Certificate in Jharkhand

Below are the steps that applicants should follow while applying in person:

Step 1: Applicants should reach out to the Tehsildar office to apply for a legal heir certificate.

Step 2: Visit the state’s official website and select the menu option “Who’s Who” for the contact details of the concerned officer.

Step 3: Applicants can ask for the application form by visiting the district office or they can write an application on a plain sheet of A4 paper.

Step 4: Submit the filled-out application form with the required documents to the respective authorities.

Step 5: Authorities will check all the details provided in the form and provide a record number for reference.

Step 6: For further processing, the tehsildar will assign your application form to the Village Administrative Officer (VAO) and Mandal Revenue Officer (MRO) and other concerned authorities.

Step 7: All documents are scrutinised thoroughly by the above authorities.

Step 8: After thorough verification of your application, a report is submitted to the tehsildar and other authorities before issuance of a certificate mentioning the names of all legal heirs of the deceased person.

 Step 9: After due verification, the applicant will obtain a legal heir certificate in Jharkhand.

2. Applying Through CSC for a Legal Heir Certificate in Jharkhand

Step 1: Visit the official website of Apna CSC Online.

Step 2: Select state, district, and block name to get a list of common service centres (CSC) with full addresses.

Step 3: Visit a CSC office and request an application form from its operator. Fill it with the necessary information, and pay the required fees.

Step 4: Attach all necessary documents with the application form and submit them.

Step 5: The operator will process the application online. Applicants are provided with an application number upon successful submission of the application form.

Step 6: Make the necessary payment as instructed by the centre operator.

Step 7: The application form is then forwarded to the respective department for further processing.

Step 8: He/she will get to know about his/her application status through an “SMS” sent to his/her submitted mobile number.

Step 9: The respective department will process the submitted application. All submitted documents will be thoroughly verified for the clarification of the applicant's details.

Step 10: Upon successful verification, the designated authority will decide whether to issue a legal heir certificate.

3. Applying Through a Civil Court for a Legal Heir Certificate in Jharkhand

Step 1: Visit High Court's official website.

Step 2: Make a petition at a civil court with jurisdiction of the deceased person’s assets.

Step 3: The court will issue a notice in newspapers and other media calling for objections to the succession certificate, if any. It will provide a period of around 45 days to receive petitions with the necessary documents.

Step 4: If the court does not receive any response within this period, it will pass an order to issue a succession certificate.

Step 5: After the completion of payment in judicial stamp papers as levied by the court, a legal heir certificate will be issued.

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

Generally, it takes around 15 to 30 days to get a legal heir certificate in Jharkhand. If there are further delays in issuing the certificate, you can approach your local Revenue Division Officer (RDO) or a sub-collector.

How Much Does It Take to Obtain a Legal Heir Certificate in Jharkhand?

In Jharkhand, if you want to obtain a legal heir certificate, you need to pay ₹2 to purchase a stamp and ₹20 for purchasing stamp paper.

How to Get a Duplicate of a Legal Heir Certificate in Jharkhand?

If you lose the original legal heir certificate, contact the concerned authority to get a duplicate certificate. For a duplicate certificate, the following things are needed:

  • Original death certificate of the family member
  • Date of issuance of the certificate
  • Minimum fee payment to obtain the certificate

Application for a legal heir certificate in Jharkhand is time-consuming because any minor mistake in your application form can delay your case. Thus, hiring a professional lawyer for claiming a deceased individual’s assets can make the application process much simple. All legal heirs need to complete the needed formalities to get their certificates in hand.

FAQs About Legal Heir Certificate in Jharkhand

Who are Class-I heirs of a deceased person?

The parents, spouse, and children of a deceased person fall under the category of class-I or legal heirs.

How to obtain a legal heir certificate online?

To obtain a legal heir certificate online, visit the E-district portal and upload all necessary documents which include ID proof, death certificate, and address proof.

What is the distinction between a legal heir certificate and a family member certificate?

A village officer issues a family member certificate mentioning the list of a deceased person's family members. It is possible to obtain this document within a short period. A legal heir certificate is verified more thoroughly and it lists all legal heirs of a deceased person.

Is a legal heir certificate and surviving certificate considered the same?

Yes, both are the same. A surviving member of a deceased individual receives a surviving certificate while a person holding all claims of a deceased individual is provided a legal heir certificate. Under both of these circumstances, a grant of succession certificate from the court is necessary.

Whom to approach for obtaining a legal heir certificate in Jharkhand?

To obtain a legal heir certificate in Jharkhand, it is advisable to approach a taluk, tehsildar or municipal corporation/municipality of the area.