Harish 22 July 2015

Legal heir modification

Dear Sir/Ma'am,

Greetings! I would like to make an enquiry on Legal Heir Certificates. We are a family of four, father, mother, myself and my sister, based in Chennai. My father passed away last year owing to health ailment. We had applied for a legal heir certificate using his death certificate and we'd obtained the same last year. However, the legal heir only mentioned about the pension benefits and not the rest of the things such as property, shares, bank deposits, etc. I agree that this was our mistake to have not submitted the relevant documents to have these listed in the certificate. We have apologized to the authority and since then, we have been trying to make amendments to the obtained legal heir certificate to no effect as the authorities are not giving us the right guidance and procedure to have this change made. Its been 6-8 months and we have made several visits to the authority's office but the roads are leading us no where.

I would like to seek your advice on the matter and would like to ask you how I can have this change in the legal heir certificate made without further delay. Your advice is of absolute importance to us. Looking forward to hearing from you.

Thanks & Regards,

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3 Replies

DR. DIMPLE JINDAL (ADV.) (Advocate) 22 July 2015

you need to go to the Tehsildar office which issued that particular legal heir certificate for the correction
if they are not responding or refused you have to approch the court for the same issue of the correction

Harish 22 July 2015

Dear Sir,

Thank you for your reply. Apprecriate it. When I mentioned that I went back to the authorities with the change request, I am only referring to the Thasildar office. It is there, the response has not been as expected and the authorities there have been negligent and do not intend on replying promptly to us. It has been 6 months now.

At this juncture, could you give me more details on how exactly I can approach the court for this matter? Would I need a lawyer in this case? And also, if there is an alternative of sorts. Thank you in advance for your reply.

Regards,
H

DR. DIMPLE JINDAL (ADV.) (Advocate) 22 July 2015

There should be a form for the correction of legal heir certificate. Fill that form and take a receipt of the same along with a duplicate copy with you. If you don't find any such form, then write a letter (describing all the facts and wanted necessary action) to the sub- registrar office and send it through registered post. This will prove your efforts for the necessary correction in the civil court. And after the receipt of the form, it may be possible that later or sooner they take necessary action on the requested form/ letter. For filling civil case, it is sure that you have to hire the services of an advocate.