Chennai: If there is no other proof, legal heir certificates can be given based on five affidavits from persons known to the family, including neighbours and relatives, Madras high court has ruled. They can be directed to file affidavits in that regard, and 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 the deceased C P Subramaniyam. According to the petitioner, Subramaniyam 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, and the authorities shall make further enquiry and come to a conclusion by their best judgement as to who all the legal heirs are, include the names of those people, and issue the legal heirship certificate, the court said. The exercise shall be completed within 12 weeks, the judge added.