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OPPILAMANI G (ASST> COMMR)     01 November 2017

Correction of death certificate

Name of a lady not legally wedded has been wrongly mentioned by the Hospital Doctor as wife in the death certficate. Thasildar refused to issue LHC to that lady on the ground that there are two other ladies lived as wife. Family members or any other person never declared her as wife and signed any declaratin to tht effect.SEction 15 of the Birth and registration Act read with Rule 15 ofTamilNadu Birth and Death Rules permit correction of mistakes.in the Death certificate issued.Being the Brother of the deceased Can I approach the authorities to make correction deleting the name of wife wrongly included by the Doctor.


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 4 Replies

Kumar Doab (FIN)     01 November 2017

The wife may write to hospital and tehsildar to corrrect the error.

You are already aware of the local state rules  that allow correction of error.

Apply citing rules.

 

OPPILAMANI G (ASST> COMMR)     03 November 2017

Thank you very much Sir,  Out of three ladies, first wife has been divorsed by the deceased and got exparte separation order.Second lady has executed a registered Marriage Cancellation Deed with the deceased ,cancelling her marriage with the deceased after living with him19 years without any settlement for her lively hood since she is Govt.Servant.. The third lady says that she had married the deceasd and lived with him for 15 years till to the death of the deceased. I am the deceased's brother and myself and my parents were not informed about all the three marriages as the deceased had left the family from 1980 and lived at Chennai. At the end of his life in April,2017, he had surrendered to my sister at Ariyalur and died in the hospital. The third lady who came from Chennai attended the funeral,  however influenced the Doctor to include her name as wife without our knowledge. We have not reported the death to the Municipality and not signed any forms. The deceased has no children through three ladies.Onlyafter knowing the fact that the third lady has applied for legal heirship certificate by producing the death certifcate at Chengalpattu, I jumped into action and collected all the details from the Tasildar, Chengalpattu. The Tasildar Chengalpattu has cleverly rejected her request and directed her to approach the Civil Court. The Tasildar is of the view that eventhough first marriage was separated as per theCourt's order, the second marriage has not been cancelled by any Court and the Marriage cancellation deed is not valid and the said to be marriage of third lady is not valid. Therefore the Tasildar has rejected the request of third lady and directed her to approach the Civil Court. The other two are not interested to get any benefits. The intention of third lady seems to be that by getting a LHC by showing the death certificate in which her name is included as Wife of the deceased,  to get share in the ancestral property of the deceased, The deceased never attended his native place for more than 40 years and took part in the maintenance of the ancestrel property.

Being the brother of the deceased I want to delete her name from the death certificate as wife as the doctor has declared her as wife without knowing the deceased anticidents without getting signatures of anybody from my family.

Kindly advice me whether I can file for correction by quoting the rules and the lettr of the tasildar rejecting her request for LHC.  

Kumar Doab (FIN)     04 November 2017

The Tehsildar’s views on cancellation of 2nd marriage and 3rd marriage are correct. The 3rd lady has been advised to approach civil court probably to plead for succession certificate. Keep  a track of it and all of you may get summons…

Kumar Doab (FIN)     04 November 2017

Per rules cited by you, if you can, you may apply for corrections.

The rights of succession of property of deceased shall be in accordance with personal law that applies.

It is felt that  this query has been discussed earlier.


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