Suit for declaration

Querist : Anonymous (Querist) 30 May 2010 This query is : Resolved
My friend's Grand Father died in the year 2000. Now they approached Tahsildar for Legal Heir certificate.

Tahsildar replied that he has no power to issue without an order from Court.

Need to file Suit for Declaration?

Why they asked and what is the procedure ?

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Y V Vishweshwar Rao (Expert) 31 May 2010
The Family Memebers Certificate can be issued by the Thasidhar. Leglal Heir Certificate to be issued by the Court under Decree / Orders .

Obtain the Family members Certificate form Thasidhar and file a suit for Decalration of legal heirs of the Deceased .

Querist : Anonymous (Querist) 31 May 2010
Vishweswar Sir. Legal Heir certificate has no legal value and court has nothing to do with that.

Tahsildar needs Court Order since there is a delay of 9 years. Is it right? What is the procediure?

Y V Vishweshwar Rao (Expert) 31 May 2010
You may file a suit for declaration of family memebrs/ wife , sons and daughters - who are entitledto be delared as Legla Heirs and Succesors . All the legal heirs will be added as Plaintifffs and Defendants will be -nil- / or/-District collector may be added as Defendant and a paper Publciation will be made calling objections if any and Evidence of Plaintiff/s will be recorded and Court will consider and declare that the plaitff/s are the legala heirs of Deceased Perosn Court may call for a Report from Thasildhar in the suit for verification of legla heirs and as enquiry by court .

/Or/---

You may file a suit in respect of any small property of Deceased, for declaration of title / injunction /partition - as legal heirs & Successors to him and get a Decree -

Arvind Singh Chauhan (Expert) 31 May 2010
You didn't disclose the purpose of obtaining this certificate. If you require it for mutation of grand father's property. It does not require any certificate death certificate is enough. But for other purposes you have to file a declaratory suit declaring your friend his grand father's heir. For some purposes as monetary purpose you will have to produce succession certificate. For declaration or for succession you should consult with local lawyer.

Daksh (Expert) 31 May 2010
Dear All,

In my considerate view the correct course of action ought to have been succession certificate.
Best Regards
Daksh

Querist : Anonymous (Querist) 31 May 2010
Purpose is for making a sale of several properties and the children of deceased are not having death certificate as they have not applied for the same

Uma parameswaran (Expert) 31 May 2010
For sale of the property, succession certificate is needed.For getting legal heir certificate no need to go to Court.Death certificate is necessary for applying Succession certificate and legal heir certificate.

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