How to Get a Legal Heir Certificate in Patna : Complete Guide - Legalkart

Navigating legal processes can often seem daunting, especially during times of loss. When a family member passes away, one of the critical documents you might need is a Legal Heir Certificate. This certificate is essential for transferring the deceased person's assets to their rightful heirs. In this blog, we will cover everything you need to know about obtaining a Legal Heir Certificate in Patna .

What is a Legal Heir Certificate?

A Legal Heir Certificate is a document issued by the government that establishes the relationship between the deceased and their legal heirs. It is crucial for the transfer of the deceased's assets, such as property, bank accounts, and investments, to the legal heirs.

Importance of a Legal Heir Certificate

The Legal Heir Certificate is vital for several reasons:

Asset Transfer: It is required to transfer the deceased person's assets to their legal heirs.
Insurance Claims: It is necessary for claiming the deceased person's life insurance.
Pension Benefits: It is required for transferring the deceased person's pension benefits to the legal heirs.
Bank Accounts: It is needed to access the deceased person's bank accounts and fixed deposits.

Who Can Apply for a Legal Heir Certificate in Patna ?

The following individuals are considered legal heirs and can apply for a Legal Heir Certificate:

Spouse of the deceased
Children (son/daughter) of the deceased
Parents of the deceased
Siblings of the deceased (in the absence of direct legal heirs)

Required Documents for Legal Heir Certificate in Patna

To apply for a Legal Heir Certificate in Patna , you need the following documents:

Death Certificate: A copy of the death certificate of the deceased.
Identity Proof: Identity proof of the applicant (Aadhar card, Voter ID, etc.).
Address Proof: Address proof of the applicant.
Relationship Proof: Documents establishing the relationship of the applicant with the deceased (birth certificate, marriage certificate, etc.).
Affidavit: An affidavit on a non-judicial stamp paper stating the relationship with the deceased and the list of surviving legal heirs.

How to Apply for a Legal Heir Certificate in Patna

Here is a step-by-step guide to applying for a Legal Heir Certificate in Patna :

Step 1: Obtain the Death Certificate

The first step is to obtain the death certificate of the deceased from the relevant authority.

Step 2: Gather Required Documents

Collect all the necessary documents mentioned above, including identity proof, address proof, relationship proof, and the affidavit.

Step 3: Visit the SDM Office

Visit the Sub-Divisional Magistrate (SDM) office in your jurisdiction. You can find the nearest SDM office online or by contacting the local municipal office.

Step 4: Submit the Application

Submit the application form along with the required documents to the SDM office. Ensure that all details are correctly filled in and all documents are attached.

Step 5: Verification Process

Once the application is submitted, the SDM office will verify the documents and the relationship of the applicant with the deceased. This process may involve a local inquiry.

Step 6: Issuance of Legal Heir Certificate

After verification, the SDM office will issue the Legal Heir Certificate. This certificate will list all the legal heirs of the deceased.

Also Read: Grandchildren Inheritance Rights in India

Application Process for Legal Heir Certificate in Patna

There are two main ways to apply for a Legal Heir Certificate in Patna: offline and online through government portals.

Offline Application

Visit the Local Tahsildar's Office or District Civil Court: You can apply for a Legal Heir Certificate by submitting the application form and required documents to the local Tahsildar's Office or the District Civil Court.
Submit the Application: Ensure that you submit the application form along with all the required documents, including the death certificate and proof of relationship with the deceased.
Verification Process: Once the application is submitted, it will go through a verification process. Local authorities may conduct inquiries to verify the details and ensure the applicants are the rightful heirs.
Issuance of Certificate: Upon successful verification, the Tahsildar or the appropriate authority will issue the Legal Heir Certificate. The process may take several weeks, depending on the complexity of the case.

Online Application

In Bihar, the government provides an online service for applying for various certificates, including the Legal Heir Certificate, through the RTPS Bihar portal. You can apply from the comfort of your home by following these steps:

Visit the RTPS Bihar Portal: The official website to apply for a Legal Heir Certificate in Patna is RTPS Bihar.
Register on the Portal: If you are a new user, you will need to create an account. Use your mobile number and email to register.
Fill the Application Form: After logging in, select the Legal Heir Certificate from the list of services. Fill in the required details, including the personal information of the deceased, the applicant, and other legal heirs.
Upload Documents: Attach the scanned copies of all necessary documents, such as the death certificate, identity proofs, and address proofs, as mentioned in the requirements.
Submit the Application: Once you have filled in all the details and uploaded the documents, submit the application. You will receive an acknowledgment number that you can use to track your application.
Verification Process: Similar to the offline process, local authorities will verify the details. If everything is in order, the Legal Heir Certificate will be issued.
Download the Certificate: After the application is processed and approved, you can download the certificate from the RTPS Bihar portal.

Track Your Application Status

Once you have submitted your application (whether offline or online), you can track its status using the acknowledgment number. To track the status online, follow these steps:

Visit the RTPS Bihar Tracking Page.
Enter your acknowledgment number and click on Track to view the current status of your application.

Issuance of the Certificate

Upon successful verification and approval, the Legal Heir Certificate will be issued. If you applied online, you can download the certificate from the RTPS Bihar portal. If you applied offline, you will need to collect the certificate from the Tahsildar's Office or District Court.

Important Points to Consider

Timeline: The process of obtaining a Legal Heir Certificate typically takes about 15 to 30 days, depending on the verification process.
Validity: The Legal Heir Certificate does not have an expiration date unless it is challenged in court or found invalid due to legal issues.
Fees: The fee for applying for a Legal Heir Certificate is nominal when applying offline. For online applications, there may be a minimal service charge.

Also Read: Understanding Indian Succession Law

Tips for a Smooth Application Process

Ensure Accuracy: Make sure all details are correctly filled in the application form and all documents are accurate.
Keep Copies: Always keep copies of all submitted documents and the application form for your records.
Follow Up: Regularly follow up with the SDM office or check the status online to ensure timely processing.

Seeking Legal Advice Online

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Also Read: Know About Daughter's Rights in Mother's Property

Difference Between Legal Heir Certificate and Succession Certificate

When dealing with the legalities following the death of a loved one, understanding the differences between various these two legal documents is crucial. Two commonly required certificates may seem similar, they serve distinct purposes and are issued under different circumstances.

Key Differences Between Legal Heir Certificate and Succession Certificate

Feature	Legal Heir Certificate	Succession Certificate
Issued By	Government authority (SDM or Tehsildar office)	Civil court
Purpose	Transfer of assets, insurance claims, pension	Recovery of debts, transfer of securities
Scope	Establishes relationship with the deceased	Establishes legitimacy and entitlement to inherit
Assets Covered	Movable and immovable assets	Primarily movable assets (debts and securities)
Application Process	Apply to SDM/Tehsildar office with documents	File a petition in civil court, notice, hearing
Time Taken	Generally 15-30 days	May take several months due to court proceedings
Legal Binding	Less formal, usually for immediate requirements	More formal, legally binding, used for court purposes

Also Read: How Legal Heirs Can Transfer Real Estate Of Deceased

Conclusion

Obtaining a Legal Heir Certificate in Patna is a crucial step in ensuring the smooth transfer of assets from the deceased to their legal heirs. By following the steps outlined in this blog, you can navigate the process with ease. Additionally, seeking legal advice online can provide you with the necessary support and guidance to handle any complexities that may arise.