legal heir certificate

k.kumar raja (Querist) 04 October 2009 This query is : Resolved
whether in a declaration suit shall i pray for mandatory injection to issue a legal heir certificate by the thasildar

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Sachin Bhatia (Expert) 04 October 2009
A Legal Heirship Certificate is issued by a tahsildar. But a tahsildar has no right to decide on disputed issues of title or succession. Prior to the issuance of the Legal Heirship Certificate, a summary enquiry is undertaken by the tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.

Sarvesh Kumar Sharma Advocate (Expert) 04 October 2009
legal heir certificate issue by district maggistrate office.
but any suit the power goes to the civil court.

Sachin Bhatia (Expert) 04 October 2009
Mr. Sarvesh that is Succession certificate.

Succession certificate and Legal heir certificate are two diffrent things.

Sachin Bhatia (Expert) 04 October 2009
Heirship Certificate is a certificate issued by a Tahsildar to the legal heirs of a deceased person. Succession Certificate is an order granted by an Authority or court of competent jurisdiction to the successors of estate of a deceased person on the basis of application made by such persons in the capacity as legal heirs or otherwise entitled to succeed to the estate of the deceased person in certain circumstances.

adv. rajeev ( rajoo ) (Expert) 05 October 2009
It is not heirship certificate, it is survivors certificate, no u cannot seek direction from the court to issue directions to the Tahasildar to issue succession certificate.

adv. rajeev ( rajoo ) (Expert) 05 October 2009
civil courts have got only jurisdction to issue legal heir certificate.

Raj Kumar Makkad (Expert) 06 October 2009
No need for injunction as decrees passed by competent civil courts are liable to be executed by all concerned including Tehsildar so no need arises.

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