Upon the demise of an individual, it is his or her legal heir(s) who are entitled to inherit the individual’s assets and properties. A legal heir certificate is a vital document for establishing the relationship between the deceased person and the legal heir(s). Usually, a surviving member should approach the municipal corporation office or tehsil office to obtain the certificate. In Tamil Nadu, one can apply for the legal heir certificate or Varisu certificate online.
Varisu certificate in Tamil Nadu is a legal document issued by the state revenue authority, which identifies the legal heirs of a deceased person. Varisu certificate in English is known as the legal heir certificate.
In this article, we will discuss the importance of the Varisu certificate and the procedure to obtain the rev-114 legal heir certificate issued by the Revenue Department.
See also: All about or TNREGINET website.
Varisu certificate: Quick facts
| Varisu certificate purpose | To establish the identity of legal heirs of a deceased person |
| Eligibility | Immediate family members of the deceased |
| Department | District Court, Taluk Office |
| Documents required | Death certificate, identity proof of legal heirs, relationship proof, address proof, and any court orders if applicable |
| Application | Online through the MeeSeva portal
Offline via local Taluk or revenue offices |
| Timeframe | Processed within 15 to 30 days |
| Application fee | Varies based on the district |
| Official website | https://www.tnesevai.tn.gov.in/Citizen/ |
What is a Varisu certificate?
Varisu certificate is the legal document needed by the surviving members to establish their claim over the late family member’s properties or dues. Varisu certificate or legal heir certificate (in English) includes the name(s) of the legal heir(s) of the deceased and their relationship with the deceased. Thus, it helps in determining the appropriate successor. Varisu Certificate, in Tamil, is also known as Varisu Sandrithal.
One can get a legal heir certificate from the relevant authority where the application was submitted.
What is the purpose of Varisu certificate or legal heir certificate?
Upon the demise of a registered owner of a property, a family member (spouse, child or parent) may have to prove that he/she is the legitimate heir to claim the assets or properties of the deceased person. There have been false claim cases over properties. Hence, obtaining a Varisu certificate becomes essential. The document is issued by the government authority after proper investigation of the eligible heir(s).
The Varisu certificate is required for various purposes. These include:
- Property transfer: The main purpose of a Varisu certificate is the transfer of movable or immovable properties and assets of the deceased to the legal heirs. Further, transfer of properties of the deceased or purchase of ancestral property is possible only if one has the Varisu certificate.
- Claiming legal ownership: Having a legal heir certificate helps in the identification of the legal owners after a person’s death. It helps in preventing litigation cases by showing the Varisu certificate as proof of legal ownership.
- Bank and financial claims: The legal heirs of a deceased person are eligible to claim insurance policy benefits, provident fund and gratuity of the deceased upon the person’s demise.
- Sanction of family pension and other benefits: The legal heirs can claim their right to receive family pension. They get the right to receiving salary arrears (for state/central government employees).
- Employment: The legal heirs of the deceased individual are eligible to gaining employment on compassionate grounds, provided they prove they are the legal heirs.
- Transfer of facilities: Transfer of deposits or investments and utilities is possible if one has the legal heir certificate.
- Loan application: When legal heirs decide to use the inherited property for a loan against property, the Varisu certificate is required for verification by financial institutions.
See also: Probate of a will: All about probate meaning, uses and how to apply for it
How to apply for legal heir certificate online in Tamil Nadu?
In the offline method for obtaining a legal heir certificate, the legal heir should approach the municipality office/tehsil office of the respective area, or the district civil court, and apply. However, citizens in Tamil Nadu can now go to the official government website for the Varisu certificate and apply online. The Tamil Nadu government provides the e-Sevai application, a facility for online access to several citizen-centric services through the Common Service Centers (CSCs).
Step 1: Visit the official TN e-Sevai portal and log in with your credentials.
First-time users are required to register on the website. Click on the ‘New User? Sign Up here’ option on the right-hand side of the main page.
Step 2: On the next page, provide details like full name, taluk, district, email ID, and mobile number. Enter the captcha and click on ‘Sign Up’.
Step 3: Enter the OTP (one time password) you receive on your mobile number.
Step 4: After successful verification, click on ‘Login’ and enter your login credentials. Users can also log in with their registered mobile number.
Step 5: Click on the ‘Service wise’ option on the left panel. From the available list of documents, click on REV-114 Legal Heir Certificate.
Step 6: A new window will appear, as shown below. Scroll down the page and click on ‘Proceed’.
Step 7: On the next page, submit relevant details like name, CAN number, father’s name, email Id, Aadhaar number, mobile number and date of birth. Click on ‘Search’. Users who do not have a CAN number need to register by clicking on the ‘Register CAN’ link.
Step 8: Now you can view the legal heir certificate form online. Complete the application form and upload the relevant documents. After uploading the documents, proceed to make the online payment.
On successful payment, you will get an acknowledgement receipt for the Varisu certificate application. You can download and save it for future reference. The receipt contains the application number that can be used to check the Varisu certificate application status.
How to download legal heir certificate in Tamil Nadu?
One can apply for a legal heir certificate online in Tamil Nadu from the official eSevai portal and download it from the same website. The applicant must check the application status online. Once the application is approved, the revenue department will issue the Varisu certificate that can be downloaded.
Who can apply for Varisu certificate?
The following individuals are entitled to get the Varisu certificate in Tamil Nadu as per Indian law:
Immediate family members
- Spouse: The wife/husband of the deceased are the primary claimant for the legal heir certificate to claim ownership over the assets and establish their right to manage and transfer the assets.
- Children: The married or unmarried son/daughter of the deceased can apply for the legal heir certificate and claim their rightful ownership over their parent’s assets.
- Parents: If there is no other surviving member, like a spouse or children of the deceased, then the father or mother of the individual is eligible to claim and apply for a legal heir certificate, ensuring the inheritance rights remain in the family.
Siblings
- Siblings: The brother/sister of the deceased individual can apply for the legal heir certificate to inherit the assets, in case there is no other surviving member.
Authorised representatives
In some cases, individuals authorised by legal heirs such as legal guardians or power of attorney can apply for a legal heir certificate.
Class 3 legal heirs
As per the law, class 3 legal heirs of the deceased individual can also apply for a legal heir certificate. However, class 3 heirs are entitled to inherit the property when there is no one from class 1 or 2 heirs. Examples of class 3 heir individuals include grandparents of the deceased and their children.
Varisu certificate: Documents required in Tamil Nadu
Legal heir certificate is of two types: One is the document issued by the Tahsildar of the respective district and another granted by courts to the legal heirs of deceased person.
Given below is the list of documents that one needs when applying for the REV-114 legal heir certificate in Tamil Nadu.
- Affidavit: A self-undertaking affidavit confirming the applicant’s relationship and status as a legal heir, printed on a Rs 20 non-judicial stamp paper
- Identity proof: A valid identity proof of the applicant (Aadhaar Card, Voter ID, Driving License, Passport, or any government-issued ID card)
- Address proof: Valid address proof of the applicant and the deceased (Valid ID proofs, telephone/mobile bill, gas bill, bank passbook with name and address of the legal heir)
- Death certificate: The death certificate of the deceased issued by the local authority
- Birth proof: Date of birth of legal heir(s) (birth certificate, PAN card, school transfer/leaving certificate, passport)
- Relationship proof: Marriage certificate or birth certificate attesting to the deceased familial ties
- Property records: Any other supporting property-related documents as required
If a child files an application for the legal heir certificate
- Records of parents’ deaths
- An application and a copy of applicant’s birth certificate, passport, UID, and TC
If spouse applies for a legal heir certificate
- Self-declaration of the spouse mentioning all legal heirs, including deceased individual’s deceased wife if she is applying for the certificate
- Aadhaar card, Passport, or Voter ID
- Marriage Registration Certificate
- Birth certificate/ Transfer Certificate of children
If a minor child is the applicant and parents are deceased
Records of parents’ deaths
- Proofs like Birth certificate, Passport, Aadhaar, TC of applicant and Aadhaar cards of all legal heirs
- An order from civil court establishing the heirs’ link to the guardian
See also: Stamp duty and land registration fees in Tamil Nadu
How to check Varisu certificate status online?
Applicants can check the status of their Varisu certificate online application in a few easy steps. Go to the TN edistrict Department login page and enter the application/acknowledgement number on the box on the top right corner.
Alternately, users can log in to the e-Sevai portal and click on the legal heir certificate. When redirected to a new page, click on the ‘Check status’ option to know the Varisu certificate application status.
Once the application gets approved by the authority and is digitally signed, the legal heir certificate in the online portal will be available for download.
See also: How to get Patta online in Tamil Nadu?
Varisu certificate application format
APPLICATION FORM FOR LEGALHEIRSHIP CERTIFICATE
Name of the Applicant:
Father/Husband’s Name:
Sex (M/F):
Residential Address :
Name of the deceased :
Death Certificate No. :
(Original Certificate to be enclosed)
Legal Heirs of the deceased:
| Sl.No. | Name | Age | Relationship | Marital Status |
| (1) | (2) | (3) | (4) | (5) |
- If the applicant belongs to Islam Religion, the details of the legalheirs of the deceased as per Islamic Rules may be given.
- Purpose for which the certificate is required. (Necessary documents to be enclosed)
- Deceased had one wife/ two wives (Details of children of first wife / Second wife to be enclosed)
- Details
Ration Card No.
Relationship of the petitioner with the deceased
Date of application:
Signature of the Applicant
Varisu certificate format
The TN legal heir certificate should include a declaration regarding confirmation of the legal heirs. The document should also include the amount (arrears) to be paid to the legal heirs of the deceased, date and signature of the departmental head. There should be a provision for a small box that states the legal heirs and their relationship with the deceased individual.
How to get legal heir certificate offline?
One can also apply for a legal heir certificate offline by visiting the Taluk/Tahsildar office.
- Get the application form that is available for a price of Rs 60. To get the form for legal heir certificate, you can also download it online.
- Submit the form after entering all the relevant details and attaching necessary documents.
Once the form is submitted, the application will receive two tokens for a meeting with the VAO/RI within a few days.
At the back of the application form, the applicant should provide details:
- Information of the applicant in the first form
- A total of ten letters of recommendation to be mentioned in the second application form.
When the VAO signs the application, the legal heirs must be present, and the applicant’s signatures is also required. Once the verification of the legal heirs is complete, the VAO signs and seals the document.
The next step involves submission of the documents to the Revenue Inspector. The Revenue Inspector visits the applicant’s home for verifying VAO’s signature on the application.
The final step is applying for the tahsildar officer. To get the token number, the applicant should submit the RI and VAO forms at the Tahsildar office.
The Tahsildar will issue the Varisu certificate within 16 days of the submission once the token number is given.
A legal heir may apply for a legal heir certificate from a district court or a surviving member certificate for which an application must be submitted at the district magistrate’s office. After submitting the application, the individual must visit the district magistrate’s office for verification purpose and submission of documents.
See also: Guideline Value in Tamil Nadu 2021: All you need to know
Legal heir certificate vs succession certificate
| Parameter | Legal heir certificate | Succession certificate |
| Definition | A legal heirship certificate is issued to legal heirs claiming the deceased’s movable or immovable assets. | A succession certificate is a document used for succession purposes, such as claiming the debts, dues and financial assets of the deceased. |
| Authority that issues the certificate | Local municipal authority or revenue department | Civil court under the jurisdiction of the district where the deceased lived |
| Validity | The document is valid for lifetime | The document is valid until the purpose for which it is obtained is achieved |
| How long it takes to obtain it? | A few weeks to around two months | It can take several months owing to legal processes involved |
Legal heirship certificate vs surviving certificate
A surviving certificate is issued to a surviving member of the deceased. The purpose of this document is to obtain a declaration from legal authorities about the individuals alive after the deceased. On the other hand, a legal heirship certificate is provided to an individual who holds the claims of the deceased. However, one can only hold ownership of the property after they have been granted a succession certificate from the court.
One can obtain a legal heir certificate from the court. A surviving member certificate can be obtained from the DM’s office.
Cost to apply for a legal heir certificate in Tamil Nadu
The cost of applying for a legal heir certificate may vary based on the mode of application. The general estimated cost is:
- Offline: Rs 60 for the form and Rs 2 for stamp
- Online: Rs 20 for affidavit and Rs 2 for stamp
Is a person with the legal heir certificate allowed to sell the deceased’s property?
The legal heir certificate only establishes the certificate holder’s right to property transfer, claim insurance, receive dues, etc. They can only sell the deceased person’s property after obtaining a written consent and no-objection certificate (NOC) from other legal heirs of the deceased. One requires a succession certificate o be eligible to sell the property of the deceased.
Is the Varisu Certificate applicable for multiple properties?
Yes, the Varisu certificate obtained by a legal heir can be used to claim multiple properties owned by the deceased person. Besides properties, the Varisu certificate is used to claim debts, securities and other assets of the individual.
How to add a legal heir to file ITR?
- Visit the income tax e-filing website at https://www.incometax.gov.in/iec/foportal/ Log in or register on the portal.
- Select ‘New Request’ from ‘My Account’. Register as a representative on behalf of the deceased.
- Furnish relevant details such as the deceased’s PAN, estate name, and date of incorporation.
- Attach necessary documents, such as PAN cards, death certificates, legal heir certificates, or affidavits.
- Submit the application for e-filing Administrator review.
Common challenges faced when applying for Varisu or legal heir certificate
- Verification delays: The process of verification of legal documents and rightful ownership can be time consuming, taking up several months. This will result in delays in issuance of the certificate.
- Errors: Sometimes, they may be discrepancy or mismatch in the legal documents at the time of application. This may further delay the process of issuing the certificate due to rejection or repeated visits to the government authority’s office.
- Legal disputes: If there are multiple heirs to claim the property of a deceased individual, it can lead to legal disputes and delay the certificate issuing process.
How to resolve issues with Varisu certificate?
In case of any issues or disputes regarding the rights of legal heirs and inheritance, one can take the following steps:
- Consult a lawyer: One can approach a legal professional to understand the complexities and follow the legal procedure.
- Approach the court: In case of any disagreements or conflicts between the legal heirs, one can approach a court as the court can intervene to decide the rightful heirs.
- File an appeal: In case the Varisu certificate is unjustly denied to the rightful heir, one can file an appeal with the higher authorities.
Who is a legal heir if the deceased person does not have children, a spouse or parents?
The spouse, children and parents are the class 1 legal heirs of the deceased individual. If the deceased individual does not have immediate family members (class 1 legal heirs), in such cases, the next class of heirs such as grandchildren, brothers and sisters, can claim right over the deceased’s properties by obtaining the legal heir certificate.
Housing.com News Viewpoint
A legal heir certificate is an important document during property inheritance or transfer. It helps establish the rightful ownership of a person over a property when there is no will of the deceased person.
Applicants should follow these simple steps to avoid any hassles during the process:
- Select the online mode: While the offline mode to apply for a Varisu certificate is available, it is more convenient and faster by applying for the certificate online.
- Keep documentation handy: Make sure you have all the required documents are ready before applying for a legal heir certificate.
- Track the status: Applicants should track the status regularly to avoid any unnecessary delays.
FAQs
What is the cost of a legal heir certificate in India?
The cost of a legal heir certificate in India includes the stamp paper cost of Rs 20 and the stamp cost of Rs 2.
How long does it take to get a legal heir certificate?
It may take about 30 days to get a legal heir certificate.
Who can be legal heir?
The spouse, children, parents and siblings of the deceased person are the immediate legal heirs as per the law.
Is legal heir and family member certificate are same?
A family membership certificate is a document issued by the Village Officer to the family members confirming the status of the household members. This document is considered for resolving legal matters, execution of the partition deed, etc., but it lacks the legal sanctity of a legal heirship certificate.
Can a nominee become a legal heir?
Ownership rights will not be given to a nominee. A nominee is the trustee or caretaker of the property of the deceased, on behalf of the legal heirs.
What to do if you have not received the legal heir certificate?
If there is a delay in receiving the Varisu certificate, then you can approach the officials concerned or the Revenue Division Officer (RDO)/sub-collector for further proceedings.
How to get a copy of a legal heir certificate in Tamil Nadu?
Citizens of Tamil Nadu can visit the official TN e-Sevai portal to apply for and get a copy of legal heir certificate. They can also the offline method approach the municipality/tehsil office of the specific jurisdiction or the district civil court to get the Varisu Certificate through offline method.
How important is a legal heir certificate?
The legal heir certificate or Varisu certificate establishes the relationship between the deceased person and their legal heir. The certificate also proves the rights of the legal heirs to the transfer of movable or immovable properties.
Is a second wife a legal heir?
In case the second wife is legally married under the Hindu Marriage Act, 1955, she will be considered the legal heir of the deceased. The second wife is regarded legally married if the first marriage is dissolved through an order of divorce or if the first wife is dead. Children of the first wife and second wife will be the legal heirs of the deceased.
Who are the legal heirs of father?
According to the law, the class – 1 legal heirs of a father is his wife, mother, son and daughter.
How long is legal heir certificate valid in India?
A legal heir certificate or a Varisu Certificate has permanent validity. One can take any number of photocopies of the Certificate and get the same attested as true copies by the Head Quarters Deputy Tahsildar, and use it for all purposes.
Is married daughter a legal heir?
According to the law, daughter, whether she is married or not, is a legal heir and has the right to inherit a property and get an equal share as other legal heirs.
Is there a time limit for heirs?
A person can claim their rights on an ancestral property up to 12 years as per the law of Adverse Possession mentioned in the Article 65 Sch-I of the Limitation Act, 1963.
Can I claim property after 12 years?
As per the laws, one should claim their right over property within a timeline of 12 years. However, the court may accept or address one’s request if there is a valid reason to postpone the claim. One should submit their request and initiate a lawsuit to prevent the sale of the property within three years of its sale.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
