Assam Legal Heir Certificate

A legal heir is a person who enters into the ownership of or succeeds 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 mentioned. In this article, we look at the procedure for obtaining Assam legal heir certificate, which is otherwise called as Next of Kin Certificate.

Legal Heirs of the Deceased

The following persons are eligible to get the legal heir certificate.

• Son of the deceased
• Daughter of the deceased
• Father of the deceased.
• Mother of the deceased

Purpose of the Certificate

An individual obtains a legal heir certificate mainly to claim the benefits of a serving or retired employee or pension in case of a government employee who passed away. Besides the beneficiaries, certain other responsibilities of the dead person are also transferred to the legal heir such as filing ITR, transfer of patta, telephone/electricity connection etc.

However, the legal heir certificate has a limited utility 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 the ultimate 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.

Tahsildar of the district will issue the Legal Heir Certificate whereas civil court will issue the Succession Certificate.

Attributes 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.

Documents Required

To obtain the legal heir certificate, furnish the following documents along with the application:

• Death certificate of deceased in original
• Verification letter of Parents
• Self-undertaking/Affidavit from Local Executive Magistrate
• Identity proof of the applicant – (Voter ID/PAN/Aadhaar/Passport/Driving License)
• Residence proofs of all Legal Heirs
• Passport size photograph of the applicant
• Death Certificate of deceased direct legal heir (if required)

Validity

The validity of the Certificate extends for a lifetime.

Processing Period

The processing of the application extends for 1 month, i.e. 30 days after which the Certificate will be issued.

Fees

The applicant does not need to pay any fee for the service.

Application Procedure

The individual can apply in either offline or online mode to obtain the Legal heir Certificate in Assam.

Offline Application Process

Step 1: To apply offline, visit the nearby Deputy Commissioner Office or the Office of SDO / Circle Officer.

Step 2: Collect the application form from the concerned officer to apply or can download from the copy given below.

Step 3: Fill out the form with the necessary details. After completing, affix the photograph.

Step 4: Submit the duly filled application together with the prescribed documents to the concerned authority. Make the payment in the counter of the office.

Step 4: Further, after making payment collect an acknowledgement slip to track the application and collect the Certificate.

Step 5: Further, the application will be forwarded to the concerned Circle Officer within 5 days of submission for his report.

Step 6: The Circle Officer will start an enquiry to verify the details of the deceased and the family members to submit his report within 20 (twenty) days from the date of receiving the application from the office of DC/SDO (Civil).

Step 7: The designated Public Servant will issue/reject the Certificate based on the report of concerned Circle Officer within 5 (five) days from the date of receipt of the report.

The whole process of issuing the Next of Kin(s) Certificate will take a maximum of 30 (thirty) days.

Note: Any objection /reasons for rejecting the application will be rendered within fifteen (15) days of receipt of the application in writing to the applicant.        

Online Procedure

Creating an account in e-district Assam Portal:

In order to apply online, the applicant should first register an account in the official website of the Assam Government to access online services.

Step 1: The applicant should visit the official website of e-District Assam to create an account.

Step 2: Click Sign in on the right corner of the website, which directs to the login page.  Click Create an account.

Step 3: The details required should be provided. The Screen name provided is important, which will be later used for logging in the online services.

Applying for Legal Heir Certificate:

Step 4: Enter your e-mail address and password that was entered while creating your account and click on Sign In button.

Step 5: After successfully sign in, go to Online Services. Click on e-Governance Services, and the following screen will appear.

Step 6: e-Form search page will appear after a successful login. Select Legal Heir certificate from the drop-down list and click online.

Step 7: The relevant application form appears which the applicant needs to fill properly and submit after verifying.

Step 8: Make the required payment and save the application form and payment receipt for future reference.

Note: Any mistake done or providing wrong information in the application form will eventually lead to the rejection of the application form.

Verification of Certificate:

The applicant can verify the Certificate for any correction before downloading by entering the certificate number. Click here to verify a Legal Heir Certificate.

The applicant can download the digitally signed Certificate if all details are correct and areas provided.