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Here’s how you can claim retirement benefits and gratuity after an individual’s death if you are a legal heir

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When there is a sudden death in the family, a legal heir certificate is extremely important to claim the retirement benefits and gratuity of the person. A legal heir certificate should be obtained to transfer the assets to the legal heirs of that person.

This certificateis considered to be a vital document as it is a proof, which sets up a relationship of the legal heirs with the dead person.

Once a death certificate is issued by the authorities, it is important for the legal heirs to apply for the legal heir certificate. This will allow the heir to gain all the duration and properties of the dead person. The lawyer of the family helps with the proceedings of the legal heir certificate.

Given below are the people who can become legal heirs of the deceased person and claim their properties

  • The person’s spouse
  • The person’s parents
  • The person’s brothers and sisters
  • The person’s sons or daughters

This certificate helps to identify the rightful heir of the dead person. This heir can obtain all the benefits.

Uses of a legal heir certificate:

A legal heir certificate can be useful for a variety of legal purposes. Given below are some of the uses of a legal heir certificate.

  • It is required by the legal heirs to gain the properties and the assets of the deceased person.
  • It is required for insurance claiming purposes.
  • It is required for processing and receiving family pensions of the deceased person.
  • It is required to obtain provident funds and gratuity.

In addition to the above-mentioned services, there are many other purposes of obtaining a legal heir certificate. In some cases, there are many legal heirs of the deceased person, this certificate will be able to identify who are the real heirs. Therefore a legal heir certificate is extremely important to claim the ancestral properties and other dues of the deceased person.

Legal heir certificate: How to obtain it?

A legal heir certificate can be obtained through the municipal or corporate office after obtaining the death certificate of the deceased person. This certificate consists of all the names of the legal heirs and this is done only after some analysis and inquiries.

Given below is the procedure to be followed to obtain this certificate

  • The true legal heir of the deceased person must be present at the corporate office of the respective area.
  • An application form should also be brought. This application form should contain all the names of the legal heirs and their relationship with the deceased person. All the required relevant signatures should be present and the death certificate of the deceased person, which was obtained from the municipal office or corporation office should be attached.
  • An affidavit should be attached on the stamp paper and then the former should be submitted.
  • Inspections and inquiries are conducted by the revenue officers or administrators to issue the legal heir certificate.
  • When all the analysis and inquiries are completed, the concerned officer issues the legal heir certificate.

To get the certificate it takes almost 30 days after submitting the documents. It is important to fill up the application forms correctly and attach all the right documents to receive the legal heir certificate on time. If the concerned officer is not responding or is not processing the request on time, the Sub collector or Revenue Division Officer (RDO) can be approached.

Documents required for obtaining the certificate:

Given below are some of the important documents, which need to be submitted along with the application form.

  • The application form should be signed by all the legal heirs of the deceased person.
  • The heir’s Identity proof such as voter's id, driving license, Aadhaar card or passport should be submitted.
  • The heir’s address proof such as telephone bill, gas bill or bank passbook of the legal heirs should also be submitted. These documents should contain the heir’s residing address and full name.
  • Death certificate of the dead person should also be submitted.
  • Age proof of the heir such as school transfer certificate, birth certificate or driving license should also be submitted.
  • Address proof of the deceased person should also be submitted.

All the above-mentioned documents should be submitted in the municipal or corporation office along with the application form to obtain the legal heir certificate. Once the legal heir certificate is obtained, it should be preserved and kept safely to avoid future problems. A legal heir certificate is used for a variety of purposes and therefore it is important to obtain it to claim all the rights left by the ancestors.

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