Guide to Legal Heir Certificate in Kolkata

Navigating the complexities surrounding the legal heir certificate can be challenging, especially in a metropolitan city like Kolkata where administrative roles differ from rural districts. This article provides a detailed understanding of the Legal Heir Certificate in Kolkata

What is a Legal Heir Certificate (Kolkata)?

A Legal Heir Certificate (locally known in West Bengal as a Waris Certificate) is a crucial document that establishes the relationship between the deceased and their surviving family members. It is a prerequisite for transferring the deceased’s assets, such as property tax records, utility bills, and government-related benefits.

The Kolkata Nuance: Councillor vs. Collectorate

Unlike other districts in West Bengal where the BDO or Tahsildar issues this document, Kolkata’s “City District” status creates a two-tier system:

1. Ward Councillor’s Certificate: For local KMC issues (like property mutation or electricity name changes), a certificate from your local Ward Councillor is often the first step and is widely accepted for municipal tasks.
2. Kolkata Collectorate Certificate: For formal government claims (pensions, PF, or Central Govt. benefits), the Collector of Kolkata (General Section, Room 101) is the official issuing authority.

Uses of a Legal Heir Certificate in Kolkata

The Legal Heir Certificate is used for several purposes:

• Property Mutation: Updating the name on KMC Property Tax records.
• Utility Transfer: Changing ownership of CESC electricity or BSNL/Telephone connections.
• Family Pensions: Processing the pension of a deceased government employee.
• Government Dues: Claiming Provident Fund (PF), Gratuity, or salary arrears.
• Compassionate Appointment: Applying for a job on the basis of a family member’s demise.

Who Can Apply For A Legal Heir Certificate in Kolkata?

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 Kolkata

Step 1: Local Verification

Visit your Ward Councillor to obtain a “Waris Certificate” or a verified family tree. This acts as the foundational proof for your application.

Step 2: Affidavit

Prepare an affidavit declaring all legal heirs. For official use, have this sworn before an Executive Magistrate at the Kolkata Collectorate (11, Netaji Subhas Road) or the SDO office.

Step 3: Submission (Online or Offline)

• Online: Use the West Bengal e-District Portal. Register, select “Legal Heir Certificate,” and upload scanned documents.
• Offline: Visit the Kolkata Collectorate (Room 101, 1st Floor, North Wing). Submit two sets of documents for verification.

Step 4: Field Enquiry

A Revenue Inspector or administrative officer will conduct an inquiry. This may involve a home visit or cross-checking with the local police station to verify the heirship claims.

Step 5: Issuance

Once verified, the certificate is issued. This typically takes 15 to 30 days.

While this guide provides a comprehensive overview of Legal Heir Certificates in India, including their uses, application process, and necessary documentation, you might be specifically interested in the detailed steps involved in obtaining this certificate.

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.

Required Documents For A Legal Heirship Certificate in Kolkata

• Signed application form in the prescribed format.
• Death Certificate: Original issued by KMC or the hospital.
• Identity Proof: Aadhaar/Voter ID for all legal heirs.
• Relationship Proof: Birth certificates or School Leaving certificates.
• Family Tree: Verified by the local Ward Councillor.
• Self-Undertaking Affidavit: Sworn on ₹20 non-judicial stamp paper.

Top Lawyers in Kolkata for Legal Heir Certificate

1. Name: Adv. Amitava Chatterjee

• Qualification: LLB, LLM
• Experience: 15 years
• Specialization: Succession Certificates, Property Disputes, Will & Testament
• Location: Park Street, Kolkata – 700016

2. Name: Adv. Madhumita Sen

• Qualification: LLB
• Experience: 10 years
• Specialization: Succession Certificates, Family Law, Civil Litigation
• Location: Ballygunge, Kolkata – 700019

3. Name: Adv. Rajesh Mukherjee

• Qualification: LLB, LLM
• Experience: 20 years
• Specialization: Succession Certificates, Inheritance Law, Property Law
• Location: Salt Lake City, Kolkata – 700064

4. Name: Adv. Sneha Gupta

• Qualification: LLB
• Experience: 8 years
• Specialization: Succession Certificates, Divorce Cases, Estate Planning
• Location: Tollygunge, Kolkata – 700033

5. Name: Adv. Subhasis Banerjee

• Qualification: LLB, PGD in Legal Practice
• Experience: 12 years
• Specialization: Succession Certificates, Probate Law, Family Settlements
• Location: New Alipore, Kolkata – 700053

List of Areas Covered for Legal Heir Certificate in Kolkata

1. Kolkata
2. Howrah
3. Salt Lake City (Bidhannagar)
4. Rajarhat
5. New Town
6. Dum Dum
7. Baranagar
8. Kamarhati
9. Barrackpore
10. South Dum Dum

Difference Between Legal Heir Certificate and Succession Certificate

• Purpose: A Legal Heir Certificate is used for transferring movable assets and claiming benefits, while a Succession Certificate is required for inheriting immovable property and movable assets under various property laws.
• Issuing Authority: The Tahsildar of the district issues Legal Heir Certificates, whereas courts issue Succession Certificates.
• Fees: The fee for a Legal Heir Certificate is nominal, while a Succession Certificate may involve a fee based on the property’s 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.

People Also Read: Step-by-Step Detailed Guide for Legal Heirs on Filing ITR for the Deceased

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:

1. Visit the official income tax e-filing website.
2. If you already have an account, log in with your credentials. If you’re a new user, select ‘Register Yourself’ and complete the registration by providing all necessary details.
3. Once logged in, navigate to the ‘My Account’ section.
4. In the ‘Request Type’ section, choose ‘New Request’ from the options available in the drop-down menu.
5. In the section to add/register as a representative, select ‘Register Yourself’ on behalf of another person.
6. Choose ‘Estate of the Deceased’ from the options in the ‘Category to Register’ section.
7. Upon selecting ‘Proceed,’ you will be directed to a new page.
8. Enter all pertinent details such as the Permanent Account Number (PAN) of the deceased, the name of the estate, and the date of death.
9. Prepare a zip file containing essential documents like a self-attested copy of the legal heir’s PAN card, the deceased’s PAN card, the death certificate, the legal heir certificate, or a notarized affidavit.
10. Upload these documents and submit your request by clicking the ‘Submit’ button. The e-Filing Administrator will then review it.

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

Application Format for Legal Heir Certificate in Kolkata

To,
The Collector of Kolkata,
General Section, Room No. 101,
11, Netaji Subhas Road, Kolkata – 700001.

Subject: Application for Issuance of Legal Heir Certificate

Dear Sir/Madam, I, [Your Name], residing at [Kolkata Address], hereby request a Legal Heir Certificate following the demise of [Name of Deceased], who passed away on [Date]. The certificate is required for [Purpose: e.g., Family Pension/Property Mutation].

Details of Legal Heirs:

1. [Heir Name], [Age], [Relationship]
2. [Heir Name], [Age], [Relationship]

I have attached the Councillor-verified family tree and the required affidavit.

Yours faithfully, [Signature]

Application for Legal Heirship Certificate from Court

[Your Name]

[Your Address]

[City, State, Zip Code]

[Date]

To,
The Honourable Judge,
[Name of the Court],
[Court Address],
Kolkata, Maharashtra

Subject: Petition for Issuance of Legal Heirship Certificate

Respected Sir/Madam,

I, [Your Name], residing at [Your Address], respectfully submit this petition for the issuance of a Legal Heirship Certificate in favour of my family following the death of my [relationship with deceased, e.g., father/mother], Mr./Mrs. [Name of Deceased], who passed away on [Date of Death].

Details of the Deceased:

1. Full Name: [Name of Deceased]
2. Date of Birth: [DOB of Deceased]
3. Date of Death: [Date of Death]
4. Address at the Time of Death: [Last Known Address of Deceased]

Details of the Legal Heirs:

1. Name: [Your Name]
   • Age: [Your Age]
   • Relationship with Deceased: [e.g., Son/Daughter]
   • Address: [Your Address]
2. Name: [Other Heir’s Name]
   • Age: [Other Heir’s Age]
   • Relationship with Deceased: [e.g., Spouse]
   • Address: [Other Heir’s Address]

(Continue for all legal heirs)

Purpose of the Certificate:

The Legal Heirship Certificate is required for [mention the purpose, e.g., claiming insurance, transferring property, accessing bank accounts, etc.].

Documents Attached:

1. Death Certificate of the deceased (Original and copy)
2. Birth Certificates of all legal heirs (Copies)
3. Address proof of the deceased and legal heirs (Copies)
4. Aadhaar Card of the deceased and legal heirs (Copies)
5. Affidavit sworn by the applicant (Original)
6. Family Tree Certificate (Certified by the local authority)
7. Any other relevant document (Specify if any)

Prayer:

I respectfully pray that this Honourable Court may be pleased to:

1. Accept my application for the issuance of the Legal Heirship Certificate.
2. Verify the attached documents and the statements made herein.
3. Issue the Legal Heirship Certificate at the earliest.

I declare that the statements made herein are true to the best of my knowledge and belief.

Thank you for your consideration.

Yours faithfully,

[Your Signature]
[Your Name]
[Contact Number]
[Email Address]

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.

1. Name of Heir 1: Relationship – [Specify Relationship, e.g., Spouse, Son, Daughter]
2. Name of Heir 2: Relationship – [Specify Relationship]
3. Name of Heir 3: Relationship – [Specify Relationship]
4. (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]

People Also Read: Guide to Succession Certificates in Kolkata

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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.