legal heir certificate
Querist :
Anonymous
(Querist) 21 May 2011
This query is : Resolved
dear learned seniors am very thankful for your valuable suggestion. but i feel that u might not gone through my query properly.
Ofcourse mro/tahsildhar has empowered to issue legal heir certificates not only to the govt. employees but it can be issued to common public if necessary for any purpose and for that particular purpose --- its past.
now the authorisation was seized by another govt.memo. so inspite of legal heir certificate they are issuing family member certificates to the applicants in the recent past and suggesting to approach for obtaining the legal heir certificate. In my earlier query i placed my view and opinion in obtaining or applying procedure before the court.
legal heir certificates r required in the following incidents.
a lady deposited one lakh in the bank and appointed his daughter and sister's daughter as nominees to receive the benefits after her demise.
in the second case a lecturer passed away during his service and the authorities concerned demanding to submit legal heir certificate to release benefits.
in these two cases the Tahsildhar stated that at present He wont issue such certificate but he can issue family member certificate, but the said FMC will not b accepted by the authorities in the above two cases.
then how its possible to obtain?
under what provisions / law?
adv. rajeev ( rajoo )
(Expert) 22 May 2011
Tahasildar is not empowered to issue legal heir certificate, at most he can issue survivors certificate.
Nominees are not entittle to claim the bank deposits their duty is to distribute the amount of the deceased to the legal heirs of the deceased.
Civil court decree in respect of the legal heirs is final and binding on all.
