A legal heir is a person who succeeds or enters into the ownership of a person who died unexpectedly without a will. Legal heir certificate denotes the relationship between the legal heir and the deceased and is mandatory, especially when a nominee is not specified.
Legal Heirs of the Deceased
To get a legal heir certificate, the following persons can be considered as the legal heirs under Indian laws.
- Spouse of the deceased
- Son of the deceased
- Daughter of the deceased
- Father of the deceased.
- Mother of the deceased
Varsai entries are essential for the legal heirs of a farmer if they want to deal with something related to the land in the query. It is also obligatory to enter the names of the heirs as landowners in the Records of Rights.
Besides, an individual acquires a legal heir certificate to claim the benefits of a serving / retired employee or pension in case of a government employee who passed away. Apart from the beneficiaries, there are certain other responsibilities of the dead person required to be transferred to the legal heir such as filing ITR, transfer of patta, telephone/electricity connection etc.
However, the utility of the legal heir certificate is limited while transferring the property, transaction with financial institutions, in any court litigation cases. In that case, the legal heir certificate is not valid, and the succession certificate takes the role.
Legal heir Certificate vs Succession Certificate
Legal heir certificate is not considered the final document to determine the legal heirs of the deceased person whereas the succession certificate resolves to identify the rightful heir for the transfer of property if the nominee is not selected or there is no valid will.
Succession Certificate is issued by the civil court whereas the Tehsildar of the concerned district issues the legal heir certificate
Elements of Legal Heir Certificate
Legal Heir Certificate specifies the name of the legal heir, the relationship of the heir with the deceased, age, and marital status of surviving family members.
The following documents are required to apply for the Varsai (Legal Heir) Certificate in Gujarat. The mentioned documents must be attached with the application form when applying offline while online application requires scanned copies of the same.
- Proof of residence – Passport, True Copy of Election Card
- Proof of Identity – Driving License, PAN Card
- Pedhinamu/Ration Card
- Death certificate of the deceased
- Pension Payment Order (PPO) unit copy
- Certified copy of the letter of the pension office
- Panchanamu (As per Annexure-4/47)
- Generation (given by Talatishri)
- Certified copy of the designated form
- Affidavit – Affidavit regarding relinquishment of the claim of heirs
- Passport size photograph of legal heirs.
The Revenue Department of the State is the concerned department for the issuance of the legal heir or Varsai certificate.