Legal Hire certificates

Vignesh (Querist) 21 April 2011 This query is : Resolved
My uncle passed away recently, since he is an Hindu unmarried man and myself and my mom is dependent on him, my family (his brother&sister) decided to make me Legal Heir of him under "The Hindu Succession Act, 1956, ( SCHEDULE, CLASS II [IV2] "

When i approached Chengalpattu Tahsildar, she said she have no power to issue Legal Hire certificates to indirect relationship (Sister's Son) and asked me to approach Court, but the above act say Tahsildar have all power to issue certificates to Sister's Son when there is no disputes (in my case there is no disputes).

Since my Family members agreed and not raised any problem regrading Legal heir, why Tahsildar forwarding me to Court. Do advice & suggest me of what i can do legally.

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Y V Vishweshwar Rao (Expert) 21 April 2011
The Family Members Certificate will be issued - the Family consist of Husband , wife and Children , father and mother -

You are Class II heir- The Executive Magistrates have no powers to Issue Succession certificates - Except the Family members Certificates - you can file suit for declaration as legal heir making your other Second Class heirs as party to the suit and District Collector as proforma party and get a Decree , as there is no dispute in between you - you will get a decree declaring that your are the Class Two heirs and there are no Class-I heirs !