Wednesday, January 23, 2013

Pass on your assets to your kith & kin without hassles

Tahsildar is the authority competent to issue legal heir certificate. Apply with all the details of legal heirs and the purpose for which is required along with the death certificate. If you have got a death certificate then apply for legal heir certificate to Thasildar /Taluk office in your locality for a legal heir certificate in the prescribed form.  Lot of formalities needs to be completed before issuing a legal heirship certificate such as verification by the Revenue Inspector/Village Officer, publication of the details in the official Government Gazette etc.
 
This certificate is useful only for certain very limited purposes, such as mutation of revenue records and the like. Certain public limited companies and other financial institutions usually accept this certificate for small value settlements, rather than put individuals through the hardship of applying to the court for a formal succession certificate. This certificate normally required in case there is a dispute among the legal heirs
If the deceased has left a will, then, certain other court procedures will come into play.  Irrespective of the above, if there are disputes between the various parties claiming to be heirs of the deceased, these may be resolved by the parties either amicably or through court. In all these cases, the Legal Heirship Certificate pales into insignificance.
In short , a Legal Heirship Certificate assumes importance only in a scenario where there is absolutely no dispute regarding the persons entitled to succeed to the estate of a deceased person. It cannot be relied on to establish title of any kind. It is not final and binding. Any person who believes that he too is a legal heir, will always be entitled to ignore such Legal Heirship Certificate and institute appropriate proceedings before a competent court.
The court which is called upon to adjudicate in such proceedings will disregard the Legal Heirship Certificate and will decide the matter  on the basis of direct evidence laid before it.  A person who relies on a Legal Heirship Certificate can therefore do so if he is reasonably certain that there are no disputes between the parties who assert claims to the estate of the deceased like no claim certificates etc,
 
Death certificate is normally issued by the local authorities Punchayat/Municipality under their jurisdiction where actually the death takes palace. In case you wanted any correction in the death certificate, please approach the issuing authority.  As per my understanding the place of death mentioned in the certificate is correct.
 
 
I don’t know the validity of the Will, if the will is registered, I don’t think there will not be any problem. I hope the deceased person appointed a trusted person as the executor of his will after seeking his consent. If he did not seek his permission in advance, there might be no executor for the will if the person refuses to accept the responsibility after your demise. If there is no executor of a will, the court will appoint one.  Again the settlement will lead to a complicated process.  In case there is no dispute among the legal heirs, there is no issue most the settlement can be done based on affidavit/ bond of indemnity/legal heirship certificates etc (applicable only for certain institutions and small value assets)

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