A succession certificate holder can sell the deceased’s property. However, a legal heir certificate holder can sell the property of the deceased person only after taking written consent from all the legal heirs of the deceased in the form of NOC, i.e. No Objection Certificate.
FAQ Category: Succession Certificate
Are illegitimate children legal heir?
Yes. Illegitimate children that are born form a man and a woman out of wedlock or they are not married will be considered as legal heirs.
Is a second wife a legal heir?
Yes. If the second wife of the deceased is married legally under the provisions of the Hindu Marriage Act, 1955, then she will be considered as the legal heir of the deceased Provided, the deceased first wife is dead, or his first marriage has been dissolved legally by passing an order of divorce. However, It is to be noted that the children from the first wife will also be termed as the deceased’s legal heir along with the wife the second wife’s children.
Who is a legal heir when the deceased person does not have children, a spouse or parents?
Generally, the spouse, parents and children of the deceased’s person will be considered as the immediate legal heirs. However, if the deceased does not have any of the aforesaid legal heirs, then his or her grandchildren will be the legal heirs. In case, the deceased does not have grandchildren either, then the brothers or sisters of the deceased will be the legal heirs.
Is a married daughter a legal heir?
Yes. Both married and unmarried daughters will be considered legal heirs. They will have the same rights as that of a son according to the amendments made in the Hindu Succession Act in the year 2005.
Can legal heir certificate be applied online?
Yes, a legal heir certificate can be applied online. You can fill out the application form on the e-portal of a district of the relevant jurisdiction and attach all the required documents. Apart from that, the fees must be paid online while submission of the application forms. When the certificate is ready, it can be downloaded from the e-portal itself.