Tahsildar is the
authority competent to issue legal heir certificate. Apply with all the
details of legal heirs and the purpose for which is required along with
the death certificate. If you have got a death certificate then apply
for legal heir certificate to Thasildar /Taluk office in your locality
for a legal heir certificate in the prescribed form. Lot
of formalities needs to be completed before issuing a legal heirship
certificate such as verification by the Revenue Inspector/Village
Officer, publication of the details in the official Government Gazette
etc.
This
certificate is useful only for certain very limited purposes, such as
mutation of revenue records and the like. Certain public limited
companies and other financial institutions usually accept this
certificate for small value settlements, rather than put individuals
through the hardship of applying to the court for a formal succession
certificate. This certificate normally required in case there is a
dispute among the legal heirs
If the deceased has left a will, then, certain other court procedures will come into play. Irrespective
of the above, if there are disputes between the various parties
claiming to be heirs of the deceased, these may be resolved by the
parties either amicably or through court. In all these cases, the Legal
Heirship Certificate pales into insignificance.
In
short , a Legal Heirship Certificate assumes importance only in a
scenario where there is absolutely no dispute regarding the persons
entitled to succeed to the estate of a deceased person. It cannot be
relied on to establish title of any kind. It is not final and binding.
Any person who believes that he too is a legal heir, will always be
entitled to ignore such Legal Heirship Certificate and institute
appropriate proceedings before a competent court.
The
court which is called upon to adjudicate in such proceedings will
disregard the Legal Heirship Certificate and will decide the matter on the basis of direct evidence laid before it. A
person who relies on a Legal Heirship Certificate can therefore do so
if he is reasonably certain that there are no disputes between the
parties who assert claims to the estate of the deceased like no claim
certificates etc,
Death certificate
is normally issued by the local authorities Punchayat/Municipality under
their jurisdiction where actually the death takes palace. In case you
wanted any correction in the death certificate, please approach the
issuing authority. As per my understanding the place of death mentioned
in the certificate is correct.
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