Assam - Obtain a Legal Heir Certificate (Succession Certificate)

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Procedure

A person who does not leave a will on his death, then the family members need to get a succession certificate to certify the legal heir who is entitled to claim the assets in accordance with the succession laws.
Apply In-Person for legal heir

1. Applicant can approach respective DC / SDO (Block / Circle / thasildhar) office to apply in person.
2. Link for contact details : contact link
3. Application form can be obtained from the office while applicant visits. OR Applicant shall write an application on an A4 paper. Please affix the advised stamp on the paper as per requirement OR download using the following link : form link
4. Please go to the respective office and submit the completed application form along with the required document to the respective authorities.
5. Authorities after receiving the application will check the attached documents and details. If all are in place, they will make entries in their registry and provide you record number for reference.
6. Thasildhar OR respective authority will assign the application for further processing to the Village Administrative Officer (VAO) and Mandal revenue officer (MRO) OR the authorities concerned.
7. There will be a ground level verification and scrutiny of the documents submitted by the above authorities.
8. Once the verification is over, these officials will submit their report to the Thaasildhaar OR respective authority to decide and issue the Certificate to the applicant with the names of all legal heirs of the deceased.
9. Applicant will get the certificate after due verification
   

Apply through Civil Court for Succession Certificate

1. Applicant(legal heir) shall make a petition in the prescribed format at the competent Civil Court within whose jurisdiction the asset of the deceased is situated (applicant shall apply through a lawyer as applicable)
2. Link for contact details: [hhttps://ghconline.gov.in/index.php/district-courts/ Contact link]
3. Once the petition is received, the court issues a notice in the newspapers as well as to all the respondents.
4. The notice calls for objections, if any, to issue succession certificate, and provides a period of 45(applicable period of time) days to do the same along with necessary documentary proofs.
5. On expiry of the time period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate.
6. The fee has to be paid in the form of judicial stamp papers for sufficient amount (fixed percentage of the value of the estate) as levied by court. After which the certificate shall be issued.

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Required Documents

• Death certificate
• Identity Card
• Ration card
• written / prescribed application form
• Proof of residence of deceased person (Voter ID / DL / Bank Pass Book etc.,)

In case of Spouse applies for certificate

• If the spouse survives, Aadhaar, Marriage Registration Certificate or Passport or Voter ID should be submitted
• Birth certificate or Transfer Certificate of all Children
• Self declaration of the spouse indicating all other legal heirs (including Mother-in-law if wife is the applicant)

In case of Child applies if parent are deceased

• Death Certificate of the parents
• Birth certificate / Aadhaar / Passport / T.C of the applicant and adhaar card of all possible heirs

In case of Child (minor) applies if parents are deceased

• Death Certificate of the parents
• Birth certificate / Aadhaar / Passport / T.C of the applicant and Aadhaar card of all possible heirs
• Guardianship order issued by the Honourable civil court to prove relationship to the heirs

In case of Parents or sibling apply (unmarried children deceased)

• Death Certificate of the Deceased
• Birth certificate / Aadhaar / Passport / T.C of the deceased
• Self declaration of the parents / siblings

Office Locations & Contacts

Office Of Deputy Commissioner, Kamrup( Metro),
MG Road, Pan Bazaar, Guwahati, Assam 781001.
Contact Link: contact link AND ULB Contact Link2

Eligibility

• Wife of the deceased can apply
• Son or daughter of the deceased can apply
• Father or Mother of the deceased can apply
• Sibling of the deceased can apply

NOTE: Apart from applicant, all the other eligible members will be listed as heirs in the certificate

Fees

• Authorities shall provide further information. Please pay as authorities quote.
• Applying through Civil court may cost you more as per requirement.

Validity

The validity period of this certificate has been enhanced to life long as per GO

Documents to Use

Please attach documents which can be used by people who would like to follow this procedure.    

Sample Documents

Please attach sample completed documents which would help other people who would like to follow this procedure.

Processing Time

If your application is fair and complete, the processing time will be 15 to 30 days.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".

Instructions

• A legal heir certificate is issued by the government for those individuals whose parent/husband is dead without leaving a will.
• To establish relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.
• In legal succession cases to get succession certificate to establish the relationship
• To get employments for example compassionate appointments.
• Approach the District Thasildar office with the death certificate and produce the form.
• All required documents to be submit while lodging the application.
• It will take around a month to process all the necessary information and receive the certificate.

Required Information

• Deceased name
• Family member Names and Relationship
• Applicant Signature
• Date of Application
• Residential Address

Need for the Document

• If the head or a member of the family expires, the next direct legal heir of the deceased such as the wife or husband or son or daughter or mother may apply for legal-heirship certificate \ Succession Certificate on application for the purpose of transferring Electricity connection, House Tax, Telephone connection / patta transfer, Bank Account, etc.
• If the person who died is a Government servant, legal heir certificate is issued for sanction of family pension, and for getting appointment on compassionate grounds.
• Legal Heirs certificate is an important document in determining the rightful ownership for an asset / property in situation of sudden demise of the Owner as per document registered.
• Legal Heirs certificate plays a vital role for the prospective buyer, Loan sanction authority and all stake holders to know whom are all the right owners to deal with the proposed property
• When there is more than one Legal Heir, all the legal heirs must execute Deed of Conveyance.

Information which might help

• This certificate can be used for several years.
• Fill the application details correctly without any mistake.

NOTE : It is a punishable offense to try with fraudulent documents to get a Legal heir certificate

Other uses of the Document/Certificate

Legal Heir Certificate can be used to establish relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.

External Links

India.gov.in - Obtain Legal Heirship Certificate: Tamil Nadu http://www.indiamike.com/india/india-expat-area-f84/getting-a-single-status-certificate-bangalore-t67445/

Form Details for: Application for Legal Heir Certificate http://india.gov.in/forms20.php?id=8564&statename1=Orissa&title=Application%20for%20Legal%20Heir%20Certificate&download=1&cs_r=&mod=fo

IndiaStudyChannel.com How to get a legal Heirship certificate http://www.indiastudychannel.com/experts/13637-How-get-legalheirship-certificate.aspx

Others

More information which might help people.