Role of legal heir certificate
Kamakshi.G
(Querist) 22 November 2012
This query is : Resolved
Is there any specific time limit are there to apply for Legal Heir certificate? After 15 years of death of the father, now can the wife and the children apply for legal heir certificate at present? Is legal heir certificate an important document for the wife to settle on her children the property devolved on her through a registered will? Kindly answer. Thanks in advance.
Anirudh
(Expert) 22 November 2012
There cannot be any impediment per se for applying for the legal heir certificate, provided you have the original copy of the death certificate of the person through whom you claim heirship.
Legal heir certificate is mainly for the purpose of getting the inheritance of the property left behind by the deceased.
If there are no property(ies) left behind by the deceased, one may not feel the need to get a legal heir certificate at all. This clarifies your query as to how important document a legal heir certificate is.
If a property had devolved on a person through a registered will, then that person is the absolute owner of the same and can do anything that that person wishes to do with the property. Nobody else can have any claim/share in the said property. If the said person who is the absolute owner of the property wants to settle / gift that property to anybody it can be done. For this purpose, legal heir certificate is not at all necessary.
Raj Kumar Makkad
(Expert) 28 November 2012
I do agree with the advice of Anirudh
