Legal Heir Certificate: Format, Fees & Online Application (2022)

Table of Contents

  • What is legal heir certificate?
  • Legal heir certificate use
  • Who can apply for a legal heir certificate?
  • No bar on issuance of legal heir certificate to Class-II heir: Madras HC
  • Documents needed for legal heir certificate
  • Sample of legal heir certificate application
  • How to get a legal heir certificate?
  • Legal heir certificate online
  • Legal heir certificate sample?
  • Legal heir certificate fee
  • How much time does it take to get a legal heir certificate?
  • What if there is a delay in getting the legal heir certificate?
  • Difference between succession certificate and legal heir certificate
  • Key points to know about legal heir certificate
  • FAQs

For inheritance of property, a legal heir certificate is highly crucial. To inherit an asset that belonged to a deceased member of a family, his legal heirs have to produce two crucial documents: the death certificate of the deceased and the legal heir certificate of the surviving members who are eligible to inherit the asset of the late owner. In this article, we will discuss what a legal heir certificate is and how the legal heirs of a deceased person can obtain it.

What is legal heir certificate?

In case the legal head of a family passes away, his legal heirs have to first report this event to the authorities concerned and get a death certificate immediately. Since all the rights and liabilities of the deceased will now be transferred and distributed among the deceased’s legal heirs, the latter will also have to apply for a legal heir certificate, also known as ‘survivor certificate’, to initiate the inheritance proceedings.

A legal heir certificate is a document that has legal enforceability and states the relationship between the deceased and his legal heirs. This ‘post-demise’ document, which states the names of all legal heirs of the deceased, is crucial for the surviving members to stake their claim in the property of their late relation. Understandably, a great deal of diligence and inquiry are employed on the part of the authorities, before issuing a legal heir certificate.

Legal Heir Certificate: Format, Fees & Online Application (1)

See also: Varisu Certificate: Apply and download legal heir certificate online in Tamil Nadu

Legal heir certificate use

There are various purposes for which the legal heirs of a deceased will have to produce a legal heir certificate:

  1. To transfer movable and immovable properties and assets of the deceased.
  2. To claim benefits of insurance policies of the deceased.
  3. To transfer utilities in the name of the survivors.
  4. To claim employment as the deceased’s successor.
  5. To receive salary arrears of the deceased.
  6. To claim employment benefits, if the deceased was still under employment.
  7. To claim the deceased’s provident fund and gratuity.
  8. For transfer of deposits, balances, investments, shares, etc., of the deceased.
  9. To file tax returns on behalf of the deceased.

Who can apply for a legal heir certificate?

Legally acknowledged heirs of the deceased can apply for a legal heir certificate. These may include:

(Video) how to apply legal heir certificate online in 2020 ll legal heir certificate online apply

  • The spouse of the deceased.
  • The children of the deceased (son and daughter).
  • The siblings of the deceased (brothers and sisters).
  • The parents of the deceased.

See also: Who is an heir and what is inheritance?

No bar on issuance of legal heir certificate to Class-II heir: Madras HC

In a recent ruling, the Madras High Court has said that was no bar to issuing a legal heir certificate to a Class-II heir. Class-II heirs of a deceased include his father, grandchildren, great grandchildren, brother, sister and other relatives.

Documents needed for legal heir certificate

While any one legal heir can apply for the legal heir certificate or survivor certificate, he has to include the names of all the surviving members or legal heirs, while making the application. The applicant will have to submit the following documents with the authority concerned, to get a legal heir certificate:

  • Duly filled and signed application form.
  • Copies of identity and address proof of the applicant/s.
  • Proof of date of birth of all legal heirs.
  • List of surviving members if they are more than four in number.
  • Photographs of all applicants.
  • Self-undertaking affidavit/ self-declaration form.
  • Death certificate of the deceased.
  • Address proof of the deceased.

Also read: Can daughter claim father’s property if father died before 2005

What documents can be submitted as ID proof?

Aadhaar card, PAN card, Ration Card with photo, Voter ID card, passport and driving license can be submitted as ID proof.

What documents can be submitted as address proof?

Aadhaar card, passport, bank passbook, telephone bill (landline or postpaid), Voter ID card, Ration Card, electricity bill, gas bill, driving license, registered rent agreement and water bill can be submitted as the address proof.

What documents can be submitted as date of birth proof?

School leaving certificate / secondary school leaving certificate/ certificate of recognised boards from the school last attended by the applicant or any other recognised educational institution, passport, an affidavit sworn before a magistrate stating the date of birth in case of illiterate and semi-literate and PAN card, can be submitted as the proof for date of birth.

Sample of legal heir certificate application

To check out a sample legal heir certificate application, click here.

How to get a legal heir certificate?

Step 1: Approach the municipal/ taluk/tehsil office

(Video) How to get Legal Heir Certificate | How to get Succession Certificate | India |2021 |

As mentioned earlier, one of the surviving members of the family can start the procedure to get the legal heir certificate on behalf of all the surviving members. Since this procedure has to be carried out in person in most states, the legal heir will have to approach the municipal corporation office (in urban areas) or the tehsil office (in rural areas), to get the legal heir certificate.

Step 2: Make sure all the documents are in place and the application is carefully filled and the supporting documents are attached

Before you approach the authorities, you have to make an application in a standard format and fill all the details carefully in your application. Information that you will have to provide in the legal heir certificate application include the names of all the legal heirs, their address and their respective relationship with the deceased. Keep copies of all the documents mentioned in the list above ready. All these documents must be self-attested by the legal heir to whom they belong.

Step 3: Submit the legal heir certificate application

You also have to keep handy all the original documents. As mentioned earlier, you also have to submit an affidavit or self-declaration along with the application.

Step 4: Document verification

Once you submit your application and the officials – revenue inspector/administrative officer – are done with the ground-level verification and scrutiny of the documents on their part, you will be issued a legal heir certificate, which you will have to collect from the office.

See also: All about probate meaning when it comes to a will

Legal heir certificate online

In some states, you can also get the legal heir certificate online. In Tamil Nadu, for example, you can get a legal heir certificate online by following the process bellow:

(Video) Procedure For Obtaining Legal Heirs Certificate |Lawyers of Pakistan |Legal Series

  1. Go to the official portal, www.tnesevai.tn.gov.in/Citizen, to apply for a legal heir certificate online in Tamil Nadu.
  2. To get their legal heir certificate online, new users will have to register themselves. Once that is done, login using your credentials.
  3. Key in the details as asked and click on ‘submit’ to proceed to apply for legal heir certificate online.
  4. Your application for legal heir certificate online will now be verified. Once this process is done, you will have to collect the legal heir certificate in person.

Legal heir certificate sample?

To check a sample of the legal heir format, click here.

See also: NOC certificate

Legal heir certificate fee

The applicant has to pay a nominal fee to get a legal heir certificate. In Uttar Pradesh, for example, the government charges Rs 2 for a copy of the application form of legal heir certificate.

How much time does it take to get a legal heir certificate?

It takes approximately 30 days for the legal heirs to get a legal heir certificate.

What if there is a delay in getting the legal heir certificate?

You should approach the revenue division officer or sub-collector, if you feel there is an undue delay in the issuance of the legal heir certificate.

Difference between succession certificate and legal heir certificate

While there are a multitude of tasks you can complete using the legal heir certificate, this document does not act as a legal proof.

While a legal heir certificate is a document stating and identifying the relationship of the deceased with his surviving legal heirs, a succession certificate further authenticates the findings of a legal heir certificate, providing them with the authority to inherit the assets and debts of the deceased.

In that sense, a legal heir certificate acts subservient to a succession certificate, which is a legally binding document issued by civil courts. The legal authority of a legal heir certificate is limited to the specific purposes mentioned in the article earlier and it does not act as a legal proof under the provisions of the succession law. Only a succession certificate is admissible as a legal proof, in case of any dispute or litigation pertaining to the deceased’s property.

Key points to know about legal heir certificate

Certificate is a must for all heirs: All eligible successors must possess this certificate, to lay a claim over the deceased person’s property.

(Video) What is a Legal Heir Certificate | How to Obtain It

Municipal bodies issue death certificate: Apply for the death certificate of the deceased at the municipality office of the tehsil office of your area.

Legal heir certificate is revocable: The legal heir certificate can be revoked, if an objection is raised against the grant of this document. This is why legal heirs must provide each and every factual detail and include all legal heirs when making the application.

Legal heirs have to file income tax on behalf of the deceased: Legal heir certificate holders are also liable to file income tax returns on behalf of the deceased as his representative, under Section 159 of the Income Tax (IT) Act. A legal heir has to pay the income tax on the deceased’s income from April 1 to the date of his death. However, the legal heir does not have to pay the tax from his own resources.

FAQs

How to apply for legal heir certificate?

One can get a legal heir certificate by approaching the municipal/ taluk/tehsil office or by applying online in states where such a provision exists.

Who qualifies for legal heir certificate?

The spouse, children, siblings and parents of the deceased can apply for a legal heir certificate.

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(Video) How to get Legal Heir Certificate in Kerala online ?

FAQs

What is the cost of legal heir certificate in India? ›

For the succession certificate, 3% of the total value of the property will be charged. To issue a legal heir certificate, Rs. 2 for a stamp and Rs. 20 for stamp paper for the affidavit will be required.

What is the court fee for legal heir certificate in Maharashtra? ›

7) Fee: For succession certificate, three percentage of total value of the property will be charged. To issue legal heir certificate Rs. 2 for a stamp and Rs. 20 for stamp paper for affidavit will be required.

What is the cost for legal heir certificate in Telangana? ›

A court fee stamp of ₹100/-

What is the procedure to get legal heir certificate in Tamilnadu? ›

How to Apply
  1. Step 1: Approach Taluk/Tahsildar Office. ...
  2. Step 2: Receiving the Application Form. ...
  3. Step 3: Submission of the Form. ...
  4. Step 4: VAO Signature and Seal. ...
  5. Step 5: Submission to the Revenue Inspector. ...
  6. Step 6: Submitting to the Tahsildar Officer. ...
  7. Step 7: Issuing the Certificate.

What is alternative for legal heir certificate? ›

A number of other documents such as legal heirship certificate, nominations and death certificate may be procured, as an alternative to a succession certificate, for the purpose of establishing an inheritance or aiding in the transfer of assets from the deceased.

Is husband legal heir of wife? ›

Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.

How can I get heirship certificate in Maharashtra? ›

Maharashtra Legal Heir Certificate Application Procedure
  1. Step 1: Approach the Taluk Office. ...
  2. Step 2: Receive the application form. ...
  3. Step 3: Enter the details. ...
  4. Step 4: Attach the documents. ...
  5. Step 5: Affixing Stamp. ...
  6. Step 6: Submit the application. ...
  7. Step 7: Verification Process. ...
  8. Step 8: Issuing the Certificate.

Who is legal heir? ›

Under Sunni Law, there are three kinds of legal heirs, Sharers, Residuary and Distant Kindreds. The sharers or Quranic heirs, are entitled to a fixed share of inheritance. Residuaries are those who do not take a share but succeed to the residue left after the claims of the sharers have been satisfied.

Who are legal heirs of Father? ›

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.

What is the procedure to get legal heir certificate in Telangana? ›

How to Apply
  1. Step 1: Approach the Mandal Office. The applicant has to approach the Mandal Office. ...
  2. Step 2: Avail the Application Form. ...
  3. Step 3: Enter the Details. ...
  4. Step 4: Attach the Documents. ...
  5. Step 5: Processing of the Form. ...
  6. Step 6: Verification. ...
  7. Step 7: Submission of the Report. ...
  8. Step 8: Issuing Certificate.

What is the difference between legal heir certificate and succession certificate? ›

A legal heir certificate is necessary for the transfer of property or entitlement to benefits titled to the decedent. In contrast, the succession certificate is valid for the permitted successors claiming the deceased's movable and immovable property.

How can I get family certificate online in Telangana? ›

Follow the below steps to register in the Meeseva portal for Family Membership Certificate in Telangana. Visit Telangana meeseva website.
...
Enter the required details.
  1. Click on Submit for registration submission.
  2. After submission, One Time Password will be sent to your mobile number.
  3. Enter OTP and Click on Confirm.

How can I get heir certificate online in Tamil Nadu? ›

Use the following link https://www.tnesevai.tn.gov.in/Citizen/ to e-sevai portal where you can apply for legal heir certificate online.

Can we download legal heir certificate online in Tamil Nadu? ›

Legal heir certificate can be obtained online by going on e-sevai portal of Government of Tamil Nadu. You have to register using a CAN number and enter your personal details, details of the deceased, death certificate information, contact details, etc.

How can I download my TN legal heir certificate online? ›

Download Tamil Nadu Legal Heir Certificate
  1. Login to TN eSevai portal.
  2. Click on "Check Status"
  3. Enter "Application Number"
  4. Click on "Search"
  5. Click on the Download Certificate link.

Is married daughter a legal heir? ›

Yes, as per law, a married daughter has every right to claim a share in her father's property. She has as much right as her brother or unmarried sister.

Is daughter in law a legal heir? ›

She can be a Karta also, i.e. head of the family if she is the eldest coparcener. If the daughter dies intestate, her share in the HUF property passes by succession to her legal heirs as per section 15 of the 1956 Act. A daughter is a coparcener but a daughter in-law is only a member of joint family.

Who are legal heirs of Mother? ›

The married daughter is the legal heir of her deceased mother, and subsequently, she has the right to claim her share in her mother's property. Her mother's share in the ancestral property shall become her mother's self-acquired property if she had died intestate; her legal heirs are entitled to a share as a right.

Who is legal heir after husband death? ›

You and your two daughters will be the legal heirs of your deceased husband's self acquired property as well as his share in the ancestral property. Your in-laws cannot force you to include your sister-in-laws names as the legal heirs of your deceased husband.

Can wife claim husband's property after his death? ›

Under Hindu law, a wife gets an equal share of the assets of the deceased husband divided between other Class I heirs, the children and mother. This applies only if the man dies intestate. If there are no children and other claimants, the wife is entitled to the total property.

Who has right on wife's property? ›

As this second marriage has legal sanctity, the second wife and her children can claim their property rights in the capacity of the Class-1 legal heirs of the husband. The children of the first wife, as well as the second wife, will have equal rights in the property.

Can I apply for legal heir certificate online in Maharashtra? ›

Ans: Yes, of course. Legal heir certificates can be obtained online. Fill out the form for obtaining a certificate on the e-portal of your respective district and attach the required documents.

How can I transfer my father to son after death in Maharashtra? ›

Documents Required to transfer property from father to son
  1. Will/ testament.
  2. Certified copy of death certificate of the father.
  3. Succession Certificate.
  4. No-obligation certificate from the other successors/heirs along with the affidavit.
  5. Lineage list certificate.
  6. Relinquishment deed (if required)
  7. Gift deed (if required)
17 Aug 2021

Why is succession certificate required? ›

A succession certificate is a legal document that is required when someone passes away without leaving a will. It grants the person who has it the authority to collect debts and securities. A succession certificate is a document that specifies how the deceased's property will be distributed.

Who is first legal heir? ›

The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3. —The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

How many types of legal heirs are there? ›

There are two types of legal heirs such as class-I and class II. Immediate family members like his son, wife, daughter and mother can claim his property after his death under the Class-I of Hindu Succession Act.

Is father son heir legal? ›

According to the Hindu Succession Act, if a male person passes away without leaving his will, his property will be distributed among his legal heirs.

What is the time limit to make a claims by legal heirs? ›

What is the time limit to make a claims by legal heirs? As Article of the Limitation Act, 1963 mentions, the claim is to be made within 90 days for bringing legal heirs and representatives of the deceased party so we hope that within 3 months, the legal heirs will come and resolve the issue.

Is son in law a legal heir? ›

widow daughter in law is a class 1 heir.. irrespective of child is there or not. Whereas that son in law cannot inherit the property being childless..

Can daughter claim father's property after 12 years? ›

No, they can not claim the right of the property after 12 years. The law on adverse possession is contained in the Indian Limitation Act.

Can we get legal heir certificate online in Telangana? ›

The applicant has to approach the Mandal Office. Note: Also, the applicant can apply online by logging on to the official website from the Meeseva Center. The applicant can obtain the application form from the Tahasildar.

Who will issue family certificate in Telangana? ›

Family Membership Certificate

Tahsildar is competent authority to issue. These are two types of services: FMC for Government employees which would benefit the citizen in getting Pension / Gratuity/ Insurance/Provident Fund Compassionate Benefit/ All Govt. Benefits.

How do I get a legal heir certificate AP? ›

Documents Required
  1. Proof of residence – Passport, Election Card.
  2. A notarized affidavit was containing the name, age and relationship with the deceased.
  3. Document (Ration card/ Voter ID Card/ Passport/ Passbook, Aadhaar cards, etc.) ...
  4. Death Certificate of the deceased person.
  5. FIR in case of unnatural death.

Is family tree and legal heir certificate same? ›

How is legal heir certificate differs from Family Tree Certificate. legal heir is only the wife and the kids , family tree includes all the members of the entire family. Family tree may include lots of members but legal heirs are the only who can get a share in the deceased property.

Does bank need succession certificate? ›

It is necessary to have a succession certificate regarding the movable property. A letter of administration is required for immovable property, such as jewelers or real estate. There is a framework for such a nominee for equities, provident funds, and bank accounts.

How do you fill proof of surviving legal heirs? ›

Give the names and addresses of the Surviving Heirs of deceased as of the date of his/her death in the following order; (If any of them are under age of majority or legally incompetent, state also the names of their guardian, if they are under guardianship) (a) Widow/Widower ...

What is Family Tree certificate? ›

A family Tree Certificate in Karnataka is often required for the settlement of claims in respect of the deceased family. It also aids to get death benefits or getting the properties in the name of the deceased. A family Tree certificate is issued by the Revenue Authorities of Karnataka for the inheritance of property.

What is the use of family member certificate in Telangana? ›

This application form can be used by citizens to apply for FMC (Family Membership Certificate) so that they can claim benefits from certain schemes ( like Apathbandhu scheme / chief Minister Relief fund / Housing / Relief fund / Exgratia) in respect of the deceased in the family.

How can I apply for new Meeseva Center in Telangana? ›

Procedure to Download Application Forms
  1. Visit the official website of the Telangana Meeseva.
  2. Now click the “other links” option given on the left-hand side.
  3. Then select the “application form” option.
  4. Choose the department and form.
  5. The application form will start to download.
  6. Take a printout of it and fill the application.
30 Apr 2022

How can I check my legal heir certificate status in Tamilnadu? ›

Log in to the registered e-service portal of the Tamil Nadu Government. Then, click on Services on the left-hand side and click on Legal heir. A pop-up window will appear, and you will be redirected to a new webpage. There, you can click on the “Check Status” button to view the current legal heir certificate status.

How can I remove my name from legal heir certificate in Tamilnadu? ›

Write a request letter to the Tahsildar, requesting that your name be removed from the legal heir certificate and providing sufficient reasons for the misentry. If they do not take action, they should approach an advocate and send a representation to the same authority to take action.

What is the validity of income certificate in Tamilnadu? ›

Tamil Nadu Income Certificate Validity

Income Certificate has a validity of 1 year.

What are the documents required for legal heir certificate Tamilnadu? ›

Documents Required
  • A self-undertaking affidavit.
  • Identity proof of the applicant.
  • Address Proof of all legal heirs.
  • Date of Birth Proof of all legal heirs.
  • Death certificate of the deceased person.
  • Death certificate of the deceased direct legal heir.
  • Residence Proof of the deceased.

How long does it take to get legal heir certificate in Tamilnadu? ›

It may take about 30 days to get a legal heir certificate.

Who are the legal heirs of a deceased person in India? ›

The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the deceased's grandchildren will be the legal heirs.

Can number in TNeGA means? ›

What is CAN ? CAN is Citizen Access Number required to avail all e-Sevai services offered by various departments through TNeGA.

How can I print my income certificate online in Tamilnadu? ›

Apply for an Income Certificate Online
  1. Register in the TN eSevai portal.
  2. Register for CAN to access the application form.
  3. After the registration, log in to the website.
  4. Choose the “Revenue Department” option.
  5. And click on the “REV-103 Income Certificate” option from the list.
  6. Enter the CAN number and search for your records.

What is DNC certificate? ›

Certification is awarded to those who have successfully completed the certification process by meeting the eligibility criteria and passing a multiple choice written examination. The designated credential is Dermatology Nurse Certified (DNC). Certification is valid for a period of three (3) years.

What is the procedure to get legal heir certificate in Telangana? ›

How to Apply
  1. Step 1: Approach the Mandal Office. The applicant has to approach the Mandal Office. ...
  2. Step 2: Avail the Application Form. ...
  3. Step 3: Enter the Details. ...
  4. Step 4: Attach the Documents. ...
  5. Step 5: Processing of the Form. ...
  6. Step 6: Verification. ...
  7. Step 7: Submission of the Report. ...
  8. Step 8: Issuing Certificate.

How do you prove you are an heir? ›

If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.

Who are legal heirs of Father? ›

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.

What is the difference between legal heir certificate and succession certificate? ›

A legal heir certificate is necessary for the transfer of property or entitlement to benefits titled to the decedent. In contrast, the succession certificate is valid for the permitted successors claiming the deceased's movable and immovable property.

Can we get legal heir certificate online in Telangana? ›

The applicant has to approach the Mandal Office. Note: Also, the applicant can apply online by logging on to the official website from the Meeseva Center. The applicant can obtain the application form from the Tahasildar.

Is married daughter a legal heir? ›

Yes, as per law, a married daughter has every right to claim a share in her father's property. She has as much right as her brother or unmarried sister.

How can I get family certificate online in Telangana? ›

Follow the below steps to register in the Meeseva portal for Family Membership Certificate in Telangana. Visit Telangana meeseva website.
...
Enter the required details.
  1. Click on Submit for registration submission.
  2. After submission, One Time Password will be sent to your mobile number.
  3. Enter OTP and Click on Confirm.

Who is legal heir? ›

Under Sunni Law, there are three kinds of legal heirs, Sharers, Residuary and Distant Kindreds. The sharers or Quranic heirs, are entitled to a fixed share of inheritance. Residuaries are those who do not take a share but succeed to the residue left after the claims of the sharers have been satisfied.

What are the different types of heirs? ›

Heirs-at-law include surviving spouses; lineal heirs, such as parents and children; and collateral heirs, such as siblings and cousins. State laws establish the rules of descent and distribution when a person dies without a will.

Is son in law a legal heir? ›

widow daughter in law is a class 1 heir.. irrespective of child is there or not. Whereas that son in law cannot inherit the property being childless..

How many types of legal heirs are there? ›

There are two types of legal heirs such as class-I and class II. Immediate family members like his son, wife, daughter and mother can claim his property after his death under the Class-I of Hindu Succession Act.

Who is legal heir after death of wife? ›

Jajoo says, "Class-I heirs of a married woman are: sons and daughters (including children of any pre-deceased son or daughter) and husband. However, do keep in mind that wife of the pre-deceased son and husband of pre-deceased daughter will not be considered as legal heirs for such properties of a married woman."

Who are the Class 1 heirs? ›

(1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.

Why do I need a legal heir certificate? ›

A legal heir certificate is issued by the government for those individuals whose parent/husband is dead without leaving a will. To establish relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.

Is family tree and legal heir certificate same? ›

How is legal heir certificate differs from Family Tree Certificate. legal heir is only the wife and the kids , family tree includes all the members of the entire family. Family tree may include lots of members but legal heirs are the only who can get a share in the deceased property.

Does bank need succession certificate? ›

It is necessary to have a succession certificate regarding the movable property. A letter of administration is required for immovable property, such as jewelers or real estate. There is a framework for such a nominee for equities, provident funds, and bank accounts.

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