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NIRANJAN BEHERA   06 June 2018

A deceased person has one son and 3 daughter during enquire legal heir certificate issued by the Tahasildar only one son and 2 daughters can we settle the deceased claim please suggest

A deceased person has one son and 3 daughter during enquire legal heir certificate issued by the Tahasildar only one son and 2 daughters can we settle the deceased claim please suggest


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 5 Replies

Dr J C Vashista (Advocate)     06 June 2018

File an appeal against the order passed by Tehsildar, how can s/he omit the third daughter of deceased, if she (3rd daughter) is there.

P. Venu (Advocate)     06 June 2018

Is it the case that the authorities went wrong or that they wee misled?

G.L.N. Prasad (Retired employee.)     07 June 2018

Death claim can be settled as per rules as the certificate issued by competent  remains to be valid till it is cancelled. The settlement authority is not concerned with other facts when a bonafide certificate has been provided.  But still as prudent man, when certain facts are on record or known, it is better to get clarification as certificate remains valid till it is cancelled by competent authority.

But the proper course after knowing the fact is sending a letter to the authority bringing their attention to the discrepancy in the certificate issued and giving time for them to correct certificate within 15 days, failing which claim has to be settled.  Send this notice by Regd Ack due.  The notice may be simple.

1............................has filed a legal heir certificate for settlement of claim in his favour  with reference...........................

2.We understand that there are 3 daughters as legal heirs of........................in addition to one son.

3.As the certificate mentions of 2 daughters alone , this notice is being given for confirmation of facts.

4.If there is no response within 15 days from date of receipt of this notice, a claim has to be settled treating the certificate as valid.

GANDHI MOHAN BHARATI (Pensioner)     07 June 2018

Expecting Revenue authorities to reply within 15 days is a joke. But the settlor may have no choice


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