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Srinivasan (public citizen)     04 January 2015

Legal heir certificate

Dear Experts,

My father expired in january 2000 without a writing a will. My mother obtained legal heir certificate from the thasildhar (revenue dept) mentioning seven of her children +herself.. As per the discussion between my father and mother (while he was alive) two daughters were excommunicated from the family and they neverinteracted with my parents for more than 25 years. According to my parent's decision, my mother obtained legal heir certificate within three months after father's death. IN 2007, mother filed a suit for division of property. Due to pressure from the two daughter's after the death of father, mother (aged87 years) had applied in year 2011 for legal heir certificate to the same thasildhar including the left out two daughters and the thasildhar issued legal heir certificate for nine children +herself with a condition that there should be NO PARTITION SUIT TO BE PENDING IN COURTS. Mother has suppressed the fact that there is a legal heir certificate to the court and to thasildhar.  There is a condition printed in the legal heir certificate issued in 2011 that she will be liable for criminal prosecution if there is a pending civil suit. Already two of the legal heirs had objected to the thasildhar for having issued the second legal heir certificate in year 2011 and the thasildhar is proposing to conduct an inquiry.(while the earlier one issued in Mrach, 2000 is with my mother, which fact she has suppressed to the court also).

The doubt is which one legal?

A.R.Srinivasan.

Chennai/ 3rd jan 2014.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 January 2015

Tahsildar could cancel the legal heir certificate and lodge a police complaint against the applicants if their claim was found to be false at a later point of time.

 

Before issuing the certificate the applicant had to submit sworn affidavit. On that basis perjury case can be filed by tahasildar. Bring this notice to the Tahasildar. New certificate valid. 

Advocate Ravinder (Advocate/Attorney)     04 January 2015

Since a partition suit has been filed, this fact of two legal heirs certificates will go to the attention of the Judge.  The Judge will in turn direct the Mandal Revenue Officer to conduct an enquiry and send the real legal heir certificate.  Then you will be put in trouble.  You may have to face criminal charges for perjury.  For further details contact me ravinder2345@gmail.com.

K.K.Ganguly (Advocate)     04 January 2015

1. The second legal heir certificate is correct and legal,

 

2. What your father told to do verbally is of no consequence in absence of any evidence,

 

3. He could have writtena will according to his expressed wish,

 

4. Your mother shall have to submit corre ct information about the legal heirs for collecting the legal heirs certificate from the tehshilder.

T. Kalaiselvan, Advocate (Advocate)     06 January 2015

The second legal heirship certificate obtained which includes the entire children of the family is the correct one.  These two sisters excluded in the first obtained legal heirship certificate can now file a petition in the pending partition suit to implead themselves as parities to the suit.  If the Tahsildar has ordered for an enquiry, let him summon the applicant and make enquiry and proceed with the action as envisaged in the rules.

Markandeya raju   05 February 2016

It is compulsory to claim anything which belong to the deseased. Movable properties= sucession certificate Immovable propeties= legal heir. If the deseased is a govt employee MRO will isue the same . if not have to file suit for the same before court feel free to call 9966997614 for more info- Adv. Markandeya Raju

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