Complete understanding on Legal Certificate for NRI's : Monisha Mahajan #legalhelp #monishamahajan

The legal heir certificate is issued by an authority such as the Tehsildar, SDM or a collector, distinct from a court-issued document like the succession certificate, which pertains only to movable assets in bank accounts or with financial institutions. The legal heir certificate is granted to an individual with an Aadhaar card who can personally appear before the relevant authority in India, submit their application, and be recognized as the legal successor to a deceased person. It's important to note that this certificate does not automatically confer the right to access bank accounts or lockers. For non-resident Indians (NRIs), obtaining such a certificate without being physically present in India depends on individual circumstances and the supporting documents available. From my experience, the legal heir certificate is typically granted based on documents proving residency in the specific area for which the certificate is sought. Establishing residence is often linked to possessing an Aadhaar card. Lack of an Aadhaar card can complicate the process and may make it challenging or even impossible to obtain the legal heir certificate. For NRIs without an Aadhaar card seeking access to their parents' assets, especially bank accounts or fixed deposits, a succession certificate from the court becomes crucial. People may question why not use a will, but it's essential to understand that wealth includes both movable and immovable assets. The authentication process for NRIs varies depending on the type of assets being accessed or transferred. The required documents hinge on individual circumstances, such as property ownership and the possession of an Aadhaar card. In summary, obtaining a legal heir certificate involves a thorough consideration of residency documentation, with the Aadhaar card playing a crucial role. For NRIs without an Aadhaar card, navigating the process, especially for accessing parental assets like bank accounts, may necessitate a succession certificate from the court. The specific documents required depend on the nature of the assets and the individual's circumstances.
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Monisha Mahajan the principal Attorney is an expert in Nri matters and has an experience of more than 15 years in assisting NRI’s and helping them resolve their issues. Legal Help NRI offer services and assistance to the Indian Diaspora settled across the globe for any issues they might have in India or require assistance vis a vis the Indian territory.
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