Note : This information not constitute legal advice.
When Heirship Certificate Required
When someone dies without making a will.
Who can make Application for Legal Heirship certificate?
Class I Heir of deceased can make application. If no one is alive from Class I Heirs, then Class II Heirs can apply. Following is the complete list of Class I Heirs and Class II Heirs.
Class I : Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son 1 [son of a predeceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son].
Class II I. Father. II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. V. Father’s father; father’s mother. VI. Father’s widow; brother’s widow. VII. Father’s brother; father’s sister. VIII. Mother’s father; mother’s mother. IX. Mother’s brother; mother’s sister. Explanation.―In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.
Where to make Heirship Certificate Application
The legal heirs of the deceased can file an application before the court within whose jurisdiction the deceased was residing or where the deceased’s properties are located.
If there is a dispute between Class I heirs
When there is a dispute between Class I heirs, then anyone from the Class I heirs, (or in case of a dispute between Class I and Class II heirs), can make an application for Heirship Certificate and make the disputing Class I heirs or Class II heirs as opponent/respondent in the Heirship Application, so that the disputing person will have an opportunity to produce evidence/documents to support his/her legal claim (if any).
Documents Required for Heirship Application
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Death Certificate of the Deceased (mandatory)
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Mother’s Status:
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If the mother of the deceased is alive, she must be included as a co-applicant or Opponent for the Heirship Application, as she is entitled to a share in the deceased’s property along with the son(s) and daughter(s), if any.
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If the mother of the deceased is also deceased, her Death Certificate is mandatory.
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Property Documents: Copy of the Sale Deed of all properties.
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ID Proof and Address Proof of the Deceased
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ID Proof and Address Proof of the Applicant(s) submitting the Heirship Application