How to get a Warison Certificate from the Panchayat?

by  Adv. Deepak Pandey  

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A Step By Step Guide To Get A Warison Certificate From The Panchayat

Introduction 

  • A warison certificate from the Panchayat or the government is issued to an individual when their male member is a parent, brother, or husband passed away without making a Will of property or land.
  • The warison certificate from the Panchayat or the government is a crucial legal document that is necessary for proving the Succession of a legal heir.
  • The legal heirs or successors can obtain a warison certificate from the Panchayat or government claiming the death certificate of the deceased person from the concerned municipality. 

What is a Legal Heir Certificate?

  • A Legal Heir Certificate or Warison Certificate from the Panchayat or the government is issued to claim the deceased person’s assets, property, and possessions. These are also used for debts, mortgages, or any loans that may have been in their name.
  • The successors can also claim any insurance funds, pension, or any other benefits gained from retirement.
  • The warison certificate from the Panchayat or government can be claimed by one legal heir at once and the names of any other beneficiaries will be added to the application form.
  • The heirs might need to take legal advice or hire a lawyer to draft and register a legal heir certificate or warison certificate from the Panchayat or the government. 
  • The relationship between them is validated through this certificate and it enables the heirs to get any provident funds, pension, or any official work related to the gratuity of the state and federal government in case there was no will left or made by the deceased individual.

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Advantages of obtaining a Warison certificate from the Panchayat or the Government

A legal or genuine heir/successor of the deceased person can be determined using a legal heir certificate or warison certificate from the panchayat or government. It assists to claim the remaining amount, funds, assets, and other belongings. Every eligible successor must have a legal heir certificate to claim any of the above.

The advantages are as follows:

  • A warison certificate from the panchayat or government is used for claiming any kind of insurance funds or returns.
  • The legal heir certificate can also be useful for transferring assets and properties into the name of legal heirs.
  • A warison certificate from the panchayat or government is also very crucial to obtain the deceased person’s pension. The process of sanctioning and obtaining pension/gratuity is done through this vital document. 
  • A legal heir of a state or federal government employee can use the warison certificate from the panchayat or government to get any remaining remuneration arrears.
  • Compassionate applications and appointments can be found through this certificate.

Documents required to obtain a Warison Certificate/ Legal Heir Certificate 

There is certain documentation that is to be furnished to obtain a warison certificate from the Panchayat or government/legal heir certificate. 

The documents needed are as follows: 

  • A signed application form will be needed.
  • The applicant’s identity proof, such as a PAN card, Voter ID, Aadhar card, Driving license, or any other government-issued ID card that is valid, will be required to obtain a warison certificate from the Panchayat or the government. 
  • The applicant’s address proof, such as a Mobile bill, electricity bill, or a passbook where the legal heir’s name and address are mentioned. 
  • Death certificate of the deceased individual. 
  • Proof of date of birth, such as a birth certificate, any TC, or an identity card.
  • Deceased person’s address and name proof.
  • An affidavit regarding the self-undertaking.

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How can Warison Certificate from the Panchayat be obtained?

Generally, a will is made, and the heirs gain property rights after will registration. In cases where there is no will, a legal heir certificate or warison certificate from the Panchayat or government is required to claim the assets. 

It is not mandatory to complete will registration, but it is advised to do it so that the document can be legally protected. The legal heir can take legal advice before applying to understand provisions related to Succession. 

A warison certificate is a declaration and proof of being a legal heir of the deceased person. 

The process to obtain it is as follows:

  • A legal heir can obtain the warison certificate from the Panchayat district Civil court through the district/area Tahsildar or the concerned municipality.
  • The legal successor of the deceased person will approach the official provider of legal heir certificate in their district/region to obtain a valid warison certificate from the Panchayat or the government. 
  • The application form is to be filled and signed according to the guidelines in a neat way before submission. 
  • Every detail and necessary information regarding the deceased or documents related to it must be attached. 
  • The death certificate of the deceased is to be attached. 
  • The legal heir must also include an affidavit on stamp paper and submit it to the official authority for self-declaration. 
  • A Revenue Inspection Officer will conduct a thorough investigation regarding the matter.
  • After successful investigation, the legal heir or warison certificate from the Panchayat or the government is issued by the authorities.
  • The process can take up to 4 to 5 weeks.

If the legal heir is facing any complications regarding obtaining the legal heir certificate from the authorities, or if it is delayed, they can consult a property lawyer to take their legal advice on the situation at hand.

Eligibility criteria for Warison Certificate from the Panchayat

The following people are eligible to apply for the warison certificate:

  • Spouse of the deceased person
  • Son of the deceased person 
  • Daughter of the deceased person 
  • Parents of the deceased person 
  • Siblings of the deceased person

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Conclusion

The Legal Heir Certificate or Warison Certificate from the panchayat can be used even if there is no Succession Certificate. This acts as official proof of Succession of a legal heir. The property and assets can be claimed without any hassle if the particular certificate is obtained by the successors.

A professional can help an individual attain a legal heir certificate in an appropriate and instant way through official authority. They can also guide the person in preparing what documents will be needed.

Adv. Deepak Pandey

Adv. Deepak Pandey

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Deepak Pandey offers legal consultancy and advisory services with a keen emphasis on ethical and professional conduct to achieve favourable results. He has 5 years of experience in handling legal cases. As a result of his strong communication skills, Deepak is able to present his clients' cases with clarity and persuasion.

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