Legal heir certificate

Dr G V Rao (Querist) 07 June 2012 This query is : Resolved
An educated elderly lady was misled by her relatives to exclude the name of her eldest daughter in her application to the Revenue authorities for release of a Legal Heir Certificate. This certificate was required by the elderly lady for getting her late husband's pension for her. The revenue authorities of AP issued a certificate with names of other two children and excluded the eldest daughter. Now a situation has arisen that the eldest daughter angered by this is threatening the elderly lady of a legal case against the elderly lady for getting her pension stopped. My query is 1) Can such lapse of giving false information to Revenue authorities be a ground for stoppage of pension. 2)Is this illegal.

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M V Gupta (Expert) 08 June 2012
Dear Mr. Rao, I think the old lady wanted the heirship certificate for getting family pension from the Govt. FP is allowed only to the spouse of the deceased or if the spouse has pre deceased the husband to the dependent children who are minors. Hence in the case u have mentioned omission of the eldest daughter's name in the heirship certificate is not going to affect her rights so far s pension is concerned, as she does not have right to FP. For claiming any other assets of the deceased they will have to obtain succession certificate.