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ANU KANIYALI (ADVOCATE)     18 October 2015

Living members certificate

Respected all....

     My client is residing abroad. She is a Christian by religion. She has her ancestral property with two dilapidated houses, in which she has joint right along with her brothers and sisters. The record of rights shows her mother's name only on behalf of the family,which is a mistake on the part of the revenue officials at the time of effecting mutation after the death of my client's father. Because, after the death of the father, revenue officials should have entered the names of all the then living members of the family of the deceased. Now, for getting deleted the mother's name and for getting entered the names of the living members of the family, the revenue officials are requiring living members certificate. For obtaining the said certificate, first my client has to give statement before the Village Accountant and Panchayath Development Officer. Therefore, when we went to their office, they were reluctant to co-operate to proceed in the matter saying that as the applicant, i.e. my client, was not then residing in the said property they could not proceed in the matter.

     Only after the formalities at the Office of the V.A. and Panchayath Office, the file will move on to the Office of the Tahsildar, who has to issue the said certificate. Only after getting the certificate we will be able to transfer the record of rights in the name of the family members of my client.

   Now, the problem is that my client has gone back to abroad, but she wants to me to help her in this matter. I want to know, if at all some thing can be done in this matter, is it possible to do the same through a General Power Attorney which could be executed by her in my favour (she does not want to give power of attorney to her cousins as they have an eye on the aforesaid propertry) for the aforesaid purpose only. Please guide me in the matter.  



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