HC allows legal heir certs based on affidavits in absence of other proof
TIMES NEWS NETWORK 17.03.2025
Chennai : Madras high court has observed that legal heir certificates can even be provided based on affidavits of applicants and their kin. When there is no other proof, the applicant can be directed to file affidavits and arrange for five affidavits from persons known to the family, which will include relatives and neighbours. On that basis, the certificate can be issued when there is no rival claim, Justice D Bharatha Chakravarthy said.
The court passed the order on a plea moved by S Arasu, challenging the order of the Mylapore tahsildar denying him certificates as a legal heir of C P Subramaniyam who died on Dec 19, 1998, and the death was reported. However, so far, no one applied for a legal heir certificate. His application for the certificate was rejected as the authorities could not conclude who the legal heirs of the deceased were.
Aggrieved, the petitioner moved the court. When the plea came up for hearing, the court said, “Once the death is reported, when an application is made for a legal heirship certificate, it has to be determined who the legal heirs are.” Setting aside the order, the court directed the petitioner to appear before the tahsildar for further enquiry on March 28.
The tahsildar shall insist on affidavits or relegate him to the revenue inspector for further enquiry, and the authorities shall make further enquiry and come to a conclusion by their best judgment as to who all the legal heirs are, include the names of those persons, and issue the legal heirship certificate, the court said. The exercise shall be completed within 12 weeks, the judge added.
No comments:
Post a Comment