Re: appeal cancellation of legal heir certificate

Querist : Anonymous (Querist) 28 June 2023 This query is : Resolved
we got legal heir certificate for deceases hindu married male. As per law in tamilnadu wife , mother, children will be added. Father in law will not comes under legal heir certificate. After 2023, rules changed. Father in law appeal for cancellation of legal heir without any further information to daughter in law. We can appeal RDO to revert this cancellation since we got legal heir certificate as per law at that time only.
Any way to appeal from daughter in law side? It will be useful. As a widow she is struggled a lot without in laws support.

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A daughter-in-law is seeking to appeal the cancellation of a legal heir certificate that was initially issued for her deceased husband. The certificate, which correctly included her, her mother-in-law, and children as per Tamil Nadu law at the time, was cancelled by her father-in-law without her knowledge. The discussion clarifies that a father-in-law is not a Class I legal heir and suggests appealing the cancellation to the RDO, as the original certificate was legally obtained. It also advises on reporting potential corruption if the father-in-law improperly influenced the cancellation.

kavksatyanarayana (Expert) 28 June 2023
I opine fatherinlaw should also be included.

ashok kumar singh (Expert) 28 June 2023
I have no ides in this regard. Please follow the opinion of the experts given earlier may help you in your resolution.
Thanks
Ashok Kumar Singh
Advocate

Dr. J C Vashista (Expert) 29 June 2023
I do not find any such rule to include father-in-law as legal heir of deceased Hindu.
Under which provision of law father-in-law can be included in legal representative of a deceased ?

T. Kalaiselvan, Advocate (Expert) 29 June 2023
Who said taht your father in law is a class I legal heir to your deceased husband, ther is no such change or amendment to law in Tamilnadu or anywhere in the country.
Your father in law shall remain class II legal heir only, if he managed to get any such certificate by bribing the revenue officials, you can give a complaint agaisnt the said revenue official before the district collector and request him to initiate proper action against the erring official. and to cancel the said legal heirship certificate because the class I legal heirs are still available and alive to succeed to the estates of the deceased

P. Venu (Expert) 19 July 2023
To my knowledge, legal heir certificate issued by the revenue authority is only a ministerial declaration as to the facts as to the family members of the deceased. It is for the family members to jointly hold or partition the property in accordance with the provisions of the personal law, as applicable. In case of dispute, the remedy is in filing a suit for partition.

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