Guide to Legal Heir Certificate in Gujarat

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Navigating Legal Heirship in Gujarat

Navigating the complexities surrounding the legal heir certificate can be challenging. This article provides a detailed, up-to-date understanding of the Legal Heir Certificate (Varsai Certificate) in Gujarat, incorporating the latest online and offline procedures.

What is a Legal Heir Certificate?

A Legal Heir Certificate is a crucial document that establishes the relationship between the deceased and their surviving kin. In Gujarat, it is commonly referred to as a Varsai Certificate. It is an essential administrative document for families to claim government benefits and manage the assets of a deceased family member who died without a will (intestate).

Uses of a Legal Heir Certificate in Gujarat

The certificate is mandatory for:

Property Mutation: Transferring land or property titles from the deceased to the successors.
Financial Claims: Claiming insurance, provident fund (PF), and gratuity.
Family Pension: Processing the pension for surviving family members of deceased government employees.
Salary Arrears: Receiving unpaid salary or dues of the deceased.
Compassionate Appointments: Getting a government job on compassionate grounds.

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Who Can Apply For A Legal Heir Certificate in Gujarat?

The following individuals are generally recognized as legal heirs (class I heirs):

Spouse of the deceased.
Children of the deceased (including adopted children).
Parents of the deceased.

In the absence of Class I heirs, Class II heirs can claim the property.

Class II heirs for a Hindu man according to Hindu Succession Law

Grandchildren of the deceased
Great-grandchildren of the deceased
Siblings of the deceased
Other relatives of the deceased

People Also Read: Legal Heir Certificate for OCI Holders

Procedure to Obtain a Legal Heir Certificate in Gujarat

Application Submission: The legal heir must approach the district court or the Taluk office and submit a duly filled application form.
Document Attachment: Attach necessary documents, including the death certificate, identity proofs, and address proofs of the legal heirs and the deceased.
Verification Process: The application undergoes a verification process, which may include local inquiries.
Certificate Issuance: Upon successful verification, the Legal Heir Certificate is issued.

For a focused and step-by-step guide on this process, we recommend reading our article How to Obtain a Legal Heir Certificate in India. This resource offers practical insights and expert tips to navigate the application procedure efficiently, making it an invaluable resource for those seeking to acquire a Legal Heir Certificate.

How to Apply: Step-by-Step

Method 1: Online via Digital Gujarat Portal

Registration: Log in to the Jan Seva Kendra.
Service Selection: Select the “Varsai Certificate” service under the Revenue department.
Application: Fill in the details of the deceased and all heirs. You will need to choose the language (Gujarati or English).
Upload: Attach scanned copies of the required documents (Death certificate, Pedhinamu, etc.).
Payment: Pay the nominal fee of ₹20 via the portal’s payment gateway.
Status Tracking: You will receive an SMS for tracking. Once the Talati/Mamlatdar verifies the details, the certificate can be downloaded directly from the portal.

Method 2: Offline via Jan Seva Kendra (JSK)

Form: Collect the application form from the local Mamlatdar office or Jan Seva Kendra.
Pedhinamu: Obtain a certified Family Tree (Pedhinamu) from the local Talati-cum-Mantri.
Verification: Two witnesses (neighbors or local residents) may be required to sign a Panchnama to verify the family structure.
Submission: Submit the form and documents. The certificate is typically issued within 30 to 60 days.

Required Documents For A Legal Heirship Certificate in Gujarat

Application Form: Signed application form in the prescribed format.
Death Certificate: Original copy issued by the Municipality/Gram Panchayat.
Pedhinamu: The certified family tree (most critical document in Gujarat).
Identity & Address Proofs: Aadhaar Card, Voter ID, or Ration Card of the applicant and heirs.
Affidavit: A self-declaration notarized on ₹20 or ₹50 stamp paper.
NOC: If one heir is applying, a “No Objection Certificate” from other heirs is required.

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Top Lawyers in Gujarat for Legal Heir Certificate

1) Advocate Satish Bhan
Exp.: 14+ Years
Location: Ahmedabad
Practice Area & Skills: Property & Civil matters

2) Advocate Suraj Mutnal
Exp.: 10+ Years
Location: Gandhinagar
Practice Area & Skills: Property & Family matters

3) Advocate Manjunath Gowda
Exp.: 13+ Years
Location: Vadodara
Practice Area & Skills: Property & Criminal matters

4) Advocate Oshi Mishra
Exp.: 7+ Years
Location: Surat
Practice Area & Skills: Property & Consumer matters

5) Advocate Shivamuthi AR
Exp.: 11+ Years
Location: Rajkot
Practice Area & Skills: Property, Criminal, Divorce & Consumer matters

List of Areas Covered for Legal Heir Certificate in Gujarat

1	Ahmedabad
2	Amreli
3	Anand
4	Aravalli
5	Banaskantha
6	Bharuch
7	Bhavnagar
8	Botad
9	Chhota Udaipur
10	Dahod
11	Dang
12	Devbhoomi Dwarka
13	Gandhinagar
14	Gir Somnath
15	Jamnagar
16	Junagadh
17	Kutch
18	Kheda
19	Mahisagar
20	Mehsana
21	Morbi
22	Narmada
23	Navsari
24	Panchmahal
25	Patan
26	Porbandar
27	Rajkot
28	Sabarkantha
29	Surat
30	Surendranagar
31	Tapi
32	Vadodara
33	Valsad

Difference Between Legal Heir and Succession Certificate

Feature	Legal Heir Certificate (Varsai)	Succession Certificate
Authority	Mamlatdar / Revenue Office	Civil Court
Asset Type	Pensions, Govt. dues, Utility transfers	Bank ACs, Stocks, Shares, Debts
Timeframe	1–2 Months	4–8 Months
Cost	Nominal (approx. ₹20–₹50)	Court fees (approx. 2-3% of asset value)

For detailed information specifically tailored to Non-Resident Indians, be sure to read our focused guide on the Legal Heir Certificate for NRIs in India.

Legal Heirs To File Income Tax Returns For Deceased

Legal heirs in India are obligated to file Income Tax Returns (ITR) for the deceased as per the Income Tax Laws. This filing should be done for the year in which the deceased passed away. While legal heirs have rights to the deceased’s income, they must file the deceased’s income tax return separately and cannot merge it with their own.

The process of filing ITR for the deceased involves the legal heirs registering as representatives on the income tax e-filing website and submitting the required documents to complete the filing process. This ensures that the deceased’s tax obligations are appropriately fulfilled by their legal successors.

Filing Income Tax Returns (ITR) for a Deceased Individual by a Legal Heir

Legal heirs are responsible for filing the Income Tax Returns (ITR) and settling the calculated tax on behalf of a deceased individual. Here’s how to proceed with this process:

Register as Representative: Log in to the Income Tax E-filing portal.
Add Deceased: Go to ‘Authorized Partners’ > ‘Register as Representative Assessee’.
Upload Documents: You will need the Deceased’s PAN, Death Certificate, and your Legal Heir Certificate.
File Return: Once approved, you can file the return on behalf of the “Estate of the Deceased.”

This process ensures that the legal heir can fulfill the tax obligations of the deceased individual in a structured and official manner.

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Format of Legal Heir Certificate

LEGAL HEIR CERTIFICATE

Having fully satisfied myself with the right and title of the claimant(s), I recommend that the amount due to be paid to late Mr./Mrs. [Deceased Person’s Name] with respect to [Specify the context, e.g., pension, provident fund, etc.] may be paid to the person(s) mentioned below who are the only rightful heirs of the deceased employee.

Name of Heir 1: Relationship – [Specify Relationship, e.g., Spouse, Son, Daughter]
Name of Heir 2: Relationship – [Specify Relationship]
Name of Heir 3: Relationship – [Specify Relationship]
(Continue the list as per the number of legal heirs)

Signature
[Your Name]
Head of the Department/Office
Date: [Date of Issuance]
Department of: [Name of the Department/Organization]

Legal Heir Certificate in Other States

Frequently Asked Questions About Legal Heir Certificates

Q1. Can I apply for a Legal Heir Certificate online?

Ans1. Yes, in some regions of India, you can apply for a Legal Heir Certificate online through the e-portal of the respective district.

Q2. How long does it take to obtain a Legal Heir Certificate?

Ans2. It typically takes about 15 to 30 days to obtain a Legal Heir Certificate.

Q3. Is a married daughter a legal heir?

Ans3. Yes, both married and unmarried daughters are considered legal heirs and have the same rights as sons.

Q4. What if the deceased person has no immediate legal heirs?

Ans4. If the deceased person does not have immediate legal heirs like children, spouse, or parents, then grandchildren or siblings can be considered as legal heirs.

Q5. Can a person with a Legal Heir Certificate sell the deceased’s property?

Ans5. A person holding a Legal Heir Certificate alone cannot sell the deceased’s property. However, they can proceed with the sale after obtaining written consent and a No Objection Certificate from all other legal heirs.

Q6. Is it possible for a father to allocate his entire property to just one child?

Ans6. A father has the right to bequeath all his self-acquired property to a single child. However, when it comes to ancestral property, he cannot do so as all his children are entitled to an equal share.

Q7. Are legal heirs liable for any penalties incurred by the deceased?

Ans7. Legal heirs may indeed be responsible for any penalties that were applicable to the deceased individual.

Q8. What is the cost involved in acquiring a legal heir certificate?

Ans8. To obtain a legal heir certificate, a nominal fee involving a Rs. 2 stamp and Rs. 20 for stamp paper is required.

Q9. Whom should one contact to get a legal heir certificate?

Ans9. To procure a legal heir certificate, one should approach the Taluk Tehsildar, the local corporation/municipality office, or the district civil court in their area.

Q10. What are the classifications of legal heirs?

Ans10. Legal heirs are categorized into two types: Permanent legal heirs and temporary legal heirs.

Q11. Who are the rightful heirs to a father’s estate?

Ans11. The rightful heirs to a father’s property typically include his wife, children, and mother.

Q12. Who qualifies as a legal heir if the deceased has no immediate family?

Ans12. In the absence of immediate family members like parents, spouse, or children, the legal heirs are usually the deceased’s grandchildren. If there are no grandchildren, the siblings of the deceased become the legal heirs.

Q13. Who is authorized to apply for a death certificate?

Ans13. The application for a death certificate can be made by the head of the household for home deaths, the medical in-charge for hospital deaths, the jail in-charge for deaths in jail, and the local police station or village headman for unattended deaths.

Q14. How can I obtain a duplicate of my lost legal heir certificate?

Ans14. To get a duplicate legal heir certificate, present the death certificate at the issuing authority, provide details of the deceased and the certificate’s issuance date, and pay a nominal fee.

Q15. Does a second wife qualify as a legal heir?

Ans15. A second wife is considered a legal heir if the marriage is legally recognized under the Hindu Marriage Act, 1955, typically after the dissolution of the first marriage or the death of the first wife. Children from both marriages are considered legal heirs.

Q16. Are children born out of wedlock considered legal heirs?

Ans16. Yes, children born to parents who are not legally married or are born out of wedlock have the same rights to the deceased parent’s property as legitimate children and are thus legal heirs.

Q17. Can a holder of a legal heir certificate sell the deceased’s property?

Ans17. A legal heir certificate alone does not confer the right to sell the deceased’s property. It is primarily for claiming insurance and government dues. To sell the property, the holder must have a succession certificate or obtain written consent and a No Objection Certificate from all other legal heirs.

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Adv. Parineeti GN

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Parineeti GN is a legal consultant who prioritises ethical and professional conduct. She graduated with (B.A. and LL.B) from the K.L.E. Society Law College. With more than 8 years of experience in handling legal cases independently. She has the potential to understand and explain complicated legal words in simple terms to clients.

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