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Home Blog Real Estate Legal Guide Legal Heir Certificate Mumbai

Legal Heir Certificate Mumbai 2024: Online, Offline Application, Check Eligibility and Documents Required in 2024

Updated : October 30, 2024

Author : author_image Jessica

1161 views

A legal heir certificate Mumbai is an essential legal document that establishes the rightful heirs of a deceased person's property and assets. This official document, issued by relevant municipal authorities in Mumbai, serves as proof of inheritance rights and is crucial for various legal and financial transactions. The certificate helps legitimate heirs claim their inheritance rights and is mandatory for transferring assets, claiming insurance benefits, and managing other legal matters related to the deceased's estate.

Legal Heir Certificate Mumbai - Quick Info

The Revenue Department administers Mumbai's legal heir certificate process under the Maharashtra Revenue Department's guidelines. This document verifies the legal successors of a deceased person and is typically required within 30 days of the death for smooth property transitions and legal proceedings.

AspectDetails
PurposeTo establish legal inheritance rights
EligibilityLegal heirs of deceased Mumbai residents
Required DocumentsDeath certificate, identity proof, residence proof
Application ProcessOnline through Mumbai Portal or offline through Tehsildar office
Timeframe15-30 working days
Fees₹100-500 depending on usage
Relevant DepartmentsRevenue Department, Municipal Corporation
Online ResourcesMumbai Revenue Department Portal

How to Obtain a Legal Heir Certificate in Mumbai

Whether the family member has passed away or not, getting a legal heir certificate in Mumbai is essential to establish whether that person has a legal heir. For tasks like property transfers, or settling liabilities, or claiming financial benefits, you need this document. Below is a step-by-step guide to help you navigate the process in Mumbai:

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Step 1: Visit the Area Tehsildar Office

First, you visit the Tehsildar office in your locality, where applications for legal heir certificates in Mumbai are filed.

Step 2: Get the Application Form for Legal Heir

The application form can be downloaded from the Maharashtra government website or requested from the Tehsildar office. It will ask for basic details of the deceased and legal heirs in the form.

Step 3: Fill in the Application Form Accurately

Fill in the form carefully with all necessary details about the deceased person and legal heirs surviving on the form. To avoid uncalled delays in the process, check the accuracy of the information beforehand.

Step 4: Gather the Required Documents and Attach

Please take the necessary legal heirs’ personal and address proof, along with the deceased's death certificate. Without these, the application will not proceed smoothly.

Step 5: Purchase Stamp Paper

Appropriate stamp paper as per state regulations. The value of the stamp paper required for this application will depend on the local laws and the Tehsildar’s office.

Step 6: Submit the Application Form

Please fill out the form and the necessary documents and stamp paper, and submit it at the Tehsildar office with the filled out form and its required documents. Make certain to hold a backup copy of the whole submission to get a hold of for you in case things go awry with the submission.

Step 7: Wait for Verification by Authorities

The information is then submitted, and authorities will run a verification process. This could involve checking your home and asking other family members to confirm the details. This allows you to validate all submitted information.

Step 8: Receive/Download the Legal Heir Certificate

After successful authentication, the legal heir certificate will be issued. Depending on the local office's protocol, you can pick it up at the Tehsildar office or mail it to you.

Eligibility Criteria for Legal Heir Certificate in Mumbai

Mumbai's succession laws and inheritance regulations strictly define the eligibility requirements for obtaining a legal heir certificate.

Primary Eligibility Requirements:

  • Father or Mother: The deceased mother and father are eligible if there are no surviving children or a spouse. The form can be submitted to ensure that the family’s property rights remain within the immediate lineage.
  • Spouse: The primary claimant for the certificate can only be the husband or wife of the deceased. This legal tool enables them to transfer and manage pensions, assets, and other property.
  • Married or Unmarried Son/Daughter: Regardless of whether they are married or not, the children of the deceased can also apply for the legal heir certificate. This allows them to manage all the assets their parents own.
  • Sister or Brother: If a deceased person was unmarried and had no children, siblings can obtain the legal heir certificate to ensure the assets remain within the family.

Documentation Required for Legal Heir Certificate Mumbai

Applicants need to submit various documents to obtain a Mumbai legal heir certificate. This paperwork submission can help identify the applicant as well as the deceased. These include:

  • Identity Proof: Passport, Aadhar card or PAN Card.
  • Birth Proof: School leaving or transfer certificates and Birth certificates.
  • Address Proof for all Legal Heirs: Rent agreements, Voter’s ID or Utility bills.
  • Address Proof for the Deceased: The latest utility bill from the last known residence of the deceased.
  • A Notarized Affidavit: An Affidavit recognizing the relationship between the applicant and the deceased.
  • A Court Fee of Rs. 1.25: This is the mandatory fee to be submitted for this procedure.

Application Process for Legal Heirship Certificate in Mumbai

To apply for a Legal Heirship Certificate in Mumbai, the applicant must submit a filled application form, identity proof, death certificate, and legal heir details to the local tehsildar or taluk office.

1. Online Application Process

The digital application process for obtaining a legal heir certificate in Mumbai has been streamlined to provide convenience while maintaining legal accuracy.

Online Application Steps:

  • Visit the official Portal: Visit the official website to begin the application process.
  • Register/Login: Create a new account or log in using existing credentials to access the services.
  • Select Service: Select “Legal Heir Certificate” from the service options available on the portal.
  • Fill Form: Enter all the required personal and deceased details correctly in the application form.
  • Upload Documents: Attach scanned copies of required documents like proof of ID and death certificate.
  • Submit Application: Pay the application fee online and submit the completed form for processing.
  • Verification: Wait for verification of details and approval from the concerned authorities.

2. Offline Application Process

The traditional offline application method remains a viable option for those preferring direct interaction with authorities.

Detailed Offline Application Steps:

Step 1: Application Form Collection: During working hours, visit the designated Tehsildar office to obtain the official application form. Ensure you receive all supplementary forms and guidance documents for proper completion.

Step 2: Document Organization: Arrange all required documents in the specified order as per the checklist provided by the revenue department, including original documents and the required number of photocopies for verification.

Step 3: Form Completion Protocol: Fill out the application form in clear handwriting or typed format, ensuring all required fields are completed accurately and any mistakes are properly attested before submission.

Step 4: Physical Submission Process: Submit the completed application and all supporting documents at the designated counter, obtaining an acknowledgement receipt that includes your application reference number and expected processing timeline.

Step 5: Follow-Up Procedure: Communicate regularly with the processing office regarding your application status and promptly respond to requests for additional documentation or clarification.

Legal Heir Certificate Format and Sample

Here’s a visual example of how your application form would look: 

To,

The Tehsildar/ District Court, [Location]

Subject: Application for Legal Heir Certificate

Respected Sir/Madam,

I, [Applicant's Name], son/daughter of [Father's Name], residing at [Address], hereby apply for the issuance of a Legal Heir Certificate for my deceased father/mother, [Deceased's Name], who passed away on [Date of Death]. The deceased was residing at [Deceased's Address].

I declare that I am the legal heir of the deceased and request that you issue the certificate for [mention purpose].
Thanking you,

Yours faithfully,

[Applicant's Signature]

[Date]

How to Download Legal Heir Certificate

To download the Mumbai legal heir certificate, you must visit the official online portal to begin the procedure. Here are a few detailed steps:

  • Visit the official portal: Visit the Aaple Sarkar portal to begin with.
  • Log In: Enter your credential to log into the portal.
  • Select Service: Click on ‘Legal Heir Certificate’ from the list of services.
  • Verify Status: Ensure that the status of your certificate is approved before moving ahead.
  • Download e-Certificate: Once you know your application has been approved, click the download link, and the certificate will be stored on your device.

Charges for Legal Heir Certificate in Mumbai

A legal Heir Certificate is a legal document that recognizes the relationship between the deceased and their heirs. It comes in handy during numerous scenarios like insurance claims, debt settlement and transfer of property ownership. The legal heir certificate Mumbai cost requirements for each document type are listed below:

Document/ServiceFormat RequiredApplicable Fees
Basic ApplicationForm LH-1₹100
Death Certificate AttachmentOriginal + 2 copies₹50
Identity ProofSelf-attested copies₹25 per document
Property DocumentsNotarized copies₹200
Urgent ProcessingSpecial Form U-1₹500
Digital CopyPDF format₹50
Physical CopyA4 size legal paper₹100
Document VerificationOriginal documents₹200
NOC ProcessingForm NOC-1₹150
Online ApplicationDigital submission₹20 (portal charges)

How to Check Application Status

The status verification process for your legal heir certificate application can be monitored through multiple channels.

Status Check Methods:

  • Online Portal Verification: Access the official Mumbai Revenue Department portal (Aaple Sarkar) to begin the procedure.
  • Log In: Enter your credentials to log into the portal and access your data.
  • Select Service: Choose ‘Legal Heir Certificate’ from the long list of services.
  • Check Status: Type in your application number in the specified field and click submit to get the status. 
  • View Status: The next page will show the status of your application, which will either read approved, pending, or requiring more information.

After approval, you can download the legal heir certificate pdf from Mumbai from the same portal.

Common Use Cases for Legal Heir Certificate in Mumbai

  • Property and Asset Transfer: The legal heir certificate is a crucial document for transferring ownership of both movable and immovable properties, including residential buildings, commercial establishments, and land holdings in Mumbai. It also helps prevent unauthorised claims or property disputes.
  • Financial Account Management: Legal heirs require this certificate to access and manage the deceased's various financial accounts, including savings accounts, fixed deposits, and investment portfolios, particularly in cases where proper nomination wasn't completed during the account holder's lifetime.
  • Insurance Policy Claims: The certificate is essential for claiming various insurance policies, including life insurance, health insurance benefits, and accident insurance claims, especially when multiple family members are involved in the claim process.
  • Government Benefit Claims: Surviving family members need the certificate to continue receiving or claiming government benefits, pension amounts, and other social security benefits to which the deceased person was entitled.
  • Vehicle Ownership Transfer: The certificate is required to transfer ownership of vehicles registered in the deceased person's name. It facilitates a smooth transfer of ownership at the Regional Transport Office while maintaining proper documentation.

Legal Implications and Support

Many services are available in Mumbai to provide legal assistance in acquiring a lawful heir certificate. Local courts, legal aid centres, and private lawyers can help heirs navigate the application process. Additionally, Maharashtra's legal services organisation assists persons facing issues in inheritance matters by guaranteeing adequate legal documentation.

Comprehensive Support Services:

  • Revenue Department Helpdesk Services: A dedicated team of government officials providing specialised assistance with legal heir certificate procedure Mumbai, document verification, and real-time status updates while offering guidance on complex inheritance matters through in-person consultations and telephone support.
  • Legal Aid Center Assistance: Government-authorized legal aid centres staffed with experienced attorneys who provide professional consultation and documentation support to economically disadvantaged applicants, ensuring equal access to inheritance rights regardless of financial status.
  • Online Legal Consultation Services: Digital platforms providing instant access to legal experts through video conferences and chat support, offering convenient solutions for non-resident applicants or those unable to visit offices personally.

Government Assistance Programs

The local government has strategically provided specific tools to help with property claims and inheritance: 

State-Sponsored Support:

  • Free Legal Aid Services: Comprehensive legal assistance provided by the state government for economically disadvantaged applicants, including free documentation support, legal consultation, and representation in legal proceedings related to inheritance matters.
  • Multi-Level Grievance Resolution: A structured grievance redressal mechanism with multiple levels of appeal, including online complaint registration, dedicated helpline numbers, and in-person hearing facilities for resolving application-related disputes.
  • Digital Support Infrastructure: Comprehensive online portal (Aaple Sarkar) providing end-to-end support for application processing, including digital document submission, online fee payment, and real-time application tracking through a user-friendly interface.

Situations Requiring Court Intervention

Legal intervention is typically required when a dispute or legal hassle cannot be solved via negotiations, discussions, or out-of-court settlements. Below are some of the most common instances requiring the court’s attention.

  • Complex Multiple Claim Disputes: Situations involving multiple parties claiming inheritance rights where amicable settlements are impossible, requiring judicial intervention to determine the legitimate heirs based on succession laws and documentary evidence.
  • Critical Documentation Challenges: Cases where essential documents are missing, damaged, or disputed, necessitating court orders for accepting alternative documentation or establishing proof of inheritance through judicial proceedings.
  • Complicated Succession Matters: Instances involving complex family structures, multiple marriages, adopted children, or international property holdings that require judicial interpretation of succession rights and inheritance laws.

Obtaining a legal heir certificate in Mumbai is crucial in establishing inheritance rights. While the process is detailed, it is streamlined online and offline. Proper documentation and adherence to guidelines ensure smooth processing. The certificate's importance in various legal and financial matters makes it an essential document for all legal heirs, particularly in complex inheritance situations involving multiple assets or beneficiaries.

Frequently Asked Questions

Q: How can I get a legal heir certificate in Mumbai?

Ans: Visit your local Tehsildar or BMC ward office with a death certificate, proof of relationship, and residence documents. Apply along with required affidavits and witness statements.

Q: How much does getting an heirship certificate in Mumbai cost?

Ans: The basic application fee for the legal heir certificate is around Rs. 100-200. Additional costs may include notary charges for affidavits (Rs. 50-100) and stamp paper costs.

Q: What is the time limit for a legal heir certificate?

Ans: There is no strict time limit for applying for a legal heir certificate after a person's death.
However, applying within 3-6 months is advisable to avoid property-related complications.

Q: What is the process of a legal heir certificate?

Ans: Submit an application with a death certificate, identity proofs, and relationship documents to the local revenue office. Attend verification, provide witness statements, and collect the legal heir certificate after official approval (typically 15-30 days).

Q: What are the alternatives to legal heir certificates?

Ans: Succession certificate from civil court, though it's more expensive and time-consuming.
Will probate or letter of administration for cases where a valid will exists.

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