What is an heirship certificate?
An heirship certificate is a legal document that lists the legal heirs of a deceased person. It’s issued by a court of law after verifying the claims of the applicants. You need it to transfer property, claim bank accounts and insurance policies, and settle other financial matters of the deceased.
Meaning of heirship certificate in Urdu
The Urdu translation of the heirship certificate is ورثاء کا سرٹیفیکیٹ (Waris Ka Sartifikeit).
Issuing authority
Courts of law, such as the District Court or the High Court, issue heirship certificates. The issuing authority may vary depending on the state or union territory in India.
Can a single legal heir apply for a Heirship Certificate from the Court?
Yes, a single legal heir can apply for a Heirship Certificate from the Court. You will need to mention the details of all legal heirs in the plaint/suit for the legal heirship certificate.
What are some reasons why the issuance of a Heirship Certificate may be delayed?
There are a number of reasons why the issuance of a Heirship Certificate may be delayed, including:
- Lawyers strike
- General holidays
- Special holidays
- Judges’ leave
- Objections by any legal heir
Are the biometrics of all legal heirs taken by the Court during its proceedings for the issuance of a legal Heirship Certificate?
No, the biometrics of all legal heirs are not taken by the Court for the issuance of a Heirship Certificate. Even the biometric of a single heir is not required.
Can I file a suit for a legal Heirship Certificate directly in Civil Court without approaching NADRA?
No, you cannot file a suit for a Heirship Certificate directly in Court. You must first approach NADRA for the issuance of a letter of administration. If NADRA does not accept your request, you can file a suit for a Heirship Certificate in Court, but you will need to attach a decline certificate issued by NADRA.
Is it necessary to add all the immovable properties of the deceased in the suit for declaration of legal heirs?
Some lawyers do add the details of all the immovable properties of the deceased in the suit for a Heirship Certificate, and some don’t. However, it is a better idea to add the details of all the immovable properties of the deceased in the plaint/suit.
Sample of heirship certificate from the court
Here is a sample heirship certificate from the court:
This certificate certifies that the following persons are the legal heirs of [Name of deceased person], who died on [Date of death]:
- [Name of first legal heir]
- [Name of second legal heir]
- [Name of third legal heir]
This certificate is issued under the seal of the court on [Date of issue].
Sample of decree sheet (heirship certificate)
Here is a sample decree sheet (heirship certificate):
IN THE COURT OF THE DISTRICT JUDGE, [District name]
SUIT NO. [Suit number]
[Name of plaintiff(s)]
VERSUS
[Name of defendant(s)]
DECREE
This suit coming on for hearing on [Date of hearing] in the presence of [Names of advocates appearing for the parties], and the Court having considered the evidence and the arguments of the parties, doth hereby decree that:
- The following persons are the legal heirs of [Name of deceased person], who died on [Date of death]:
- [Name of first legal heir]
- [Name of second legal heir]
- [Name of third legal heir]
- This decree shall be binding on all the parties to this suit and their representatives.
DATED: [Date of decree]
[Signature of District Judge]
Purpose of legal heirship certificate
You need a legal heirship certificate for various purposes, such as:
- Transferring property in the name of the legal heirs
- Claiming bank accounts and insurance policies of the deceased
- Settling other financial matters of the deceased, such as tax returns and loans
- Obtaining a passport or other government documents in the name of the legal heirs
Documents required for legal Heir certificate from the Court
You typically need the following documents to apply for a legal heir certificate from the court:
- Death certificate of the deceased person
- Succession certificate issued by the bank
- Affidavit from the legal heirs
- Proof of relationship between the deceased person and the legal heirs
- Other documents as required by the court
How to apply for an Heirship Certificate from the Court?
To apply for an heirship certificate from the court, you need to file a petition with the appropriate court. The petition should be accompanied by the required documents. The court will then issue a notice to all the interested parties and hold a hearing. After the hearing, the court will issue a decree listing the legal heirs of the deceased person.
Processing Time for issuance of heirship certificate ate from Court: Usually, it may take between 1 month to 3 months from the institution of the suit in civil court.
The processing time for issuance of an heirship certificate from a court can vary depending on the workload of the court. However, it typically takes a few months to obtain the certificate.
Court’s Heirship Certificate fees
The fees for obtaining an heirship certificate from the court vary depending on the state or union territory. However, the fees are typically nominal.
Conclusion
It’s important to note that an heirship certificate is not the same as a Will. A Will is a document in which a person states how their property should be distributed after their death. An heirship certificate, on the other hand, is a legal document that lists the legal heirs of a deceased person.
If a person has died without leaving a Will, then their property will be distributed among their legal heirs according to the laws of intestate succession. The legal heirs of a deceased person can also obtain an heirship certificate from the court to facilitate the transfer of property and other financial matters.