Competent authority to cancel the legal heir certificate

Balaji Bakthavathsal (Querist) 02 August 2020 This query is : Resolved
Dear Learned Lawyers,
I have a small doubt regarding cancellation of legal heir certificate obtained fraudulently. Some say that the court is the authority to cancel the legal heir certificate obtained fraudulently and some others say that the Higher official of the Revenue Department can cancel the fraudulent legal heir certificate. The rules and regulations change slightly from state to state. Can any one clarify who is he competent authority to cancel the legal heir certificate issued by the Thasildar of the Revenue Department in TAMIL NADU ? Can the Revenue Divisional Officer or Sub-Collector cancel the fraudulent legal heir certificate or only the court has the authority to do so ? If there is any citation, please share the same.
Thanking you,
B.Balaji

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Quick Summary

This discussion clarifies who is the competent authority to cancel a legal heir certificate obtained fraudulently in Tamil Nadu. While some believe only a court can cancel it, others suggest a higher official in the Revenue Department holds this power. The consensus leans towards the Revenue Divisional Officer (RDO) or Sub-Collector having jurisdiction, with possibilities of administrative appeals and even criminal action for fraudulent issuance. A news report highlights a High Court directing a Tahsildar to cancel and re-issue a certificate.

Guest (Expert) 02 August 2020
For issuing an illegal certificate the concerned Authority could be made responsible for the Criminal Act. Discuss and complain to senior officials of the concerned office marking copy to concerned Police for a speedy remedy.. IPC sections 463 to 470 could be made applicable . Discuss with an Local Good Advocate

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Rajendra K Goyal (Expert) 02 August 2020
Contents of a news item appearing in news paper “The Hindu” on 17.01.2020

“Banda Venkata Ramanadha Krishna alias B.V.R. Krishna of Chennai filed a writ petition protesting against the inclusion of his mother-in-law’s name in the legal heir certificate issued by the Aminjikarai Taluk Tahsildar.

Accepting his submission, the judge directed the Tahsildar to cancel that certificate and issue a new one showing the daughter of the deceased and the petitioner as legal heirs of the deceased woman.”

https://www.thehindu.com/news/national/tamil-nadu/high-court-asks-tahsildar-to-cancel-legal-heir-certificate/article30579785.ece

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niranjan (Expert) 02 August 2020
when on the strength of such heirship cert. issued by the revenue authority property is entered in their names, take objection and yet if the entry is certified you can file appeal where you can object that heirship cert.is fraudulent. Or you can file appeal against that heirship cert.before higher authority and get it cancelled. normally succession cert.is given by the District Court.There are judgements saying that any order obtained frudulently is nullity.

Dr J C Vashista (Expert) 03 August 2020
Appellate authority of Tehsildar (revenue department)i.e., SDM/ DC has the jurisdiction.

J K Agrawal (Expert) 03 August 2020
Tehsildar having no legal authority to issue a legal Heir certificate, anywhere in India. I suppose that in your case the tehsildar muted your agricultural land in name of some persons not entitling. If so, you can challange mutation before the SDO. Furhter you can file a suit for declaration of true heirs and correction of revenue record. Do not be worry, It is an easy Job.

Rajendra K Goyal (Expert) 03 August 2020
In Haryana, legal heir certificate is issued by Tehsildar.

P. Venu (Expert) 03 August 2020
To my knowledge, both administrative appeal as well as judicial review is possible. If fraudulent, even a criminal case possible

However, you have not posted the material facts.

Dr J C Vashista (Expert) 03 August 2020
Area SDM (27) are authorised to issue surviving member certificate.

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