Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC
5 days, 15 hours ago

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC

Live Law  

The Madras High Court has recently observed that while applying for a legal heirship certificate, if no proof is available to determine who the legal heirs are, the authorities may prepare a report based on the affidavit given by the applicant and five affidavits of persons knowing the family, like a neighbour or a relative. The court was hearing a petition filed by Arasu against the order of the Tahsildar rejecting his application for legal heirship certificate. The court noted that when a death is reported and an application has been made for legal heirship certificate, the legal heirs have to be determined. The court asked the authorities to make enquiry and come to a conclusion to the best of their judgment as to who the legal heirs are and to issue the legal heirship certificate.

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History of this topic

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
2 months ago

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

Live Law  

Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case …

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
2 months, 3 weeks ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law  

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
2 months, 3 weeks ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law  

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court
3 months ago

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee. Regarding the petitioner's claim to the death-cum-retiral benefits, the Court observed that neither the Court nor the respondent authorities could determine …

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them
10 months ago

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them

The Hindu  

Taking serious note of corrupt practices in issuance of legal heirship certificates, the Madras High Court has ordered criminal prosecution against those who seek such certificates by suppressing vital information, and also against government officials who issue these certificates in collusion with such applicants. Subramaniam has directed the Commissioner of Revenue Administration to issue a circular within five weeks instructing …

Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her
1 year, 1 month ago

Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her

Live Law  

The Bombay High Court refused to revoke legal heir certificate granted to wife and children of a deceased man in a petition filed by a woman claiming to be his biological mother, who alleged that the son of the deceased suppressed her pending suit claiming to be a legal heir. Justice Manish Pitale observed that the son of the deceased …

Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains
1 year, 11 months ago

Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that the proceedings for grant of a succession certificate under the Indian Succession Act 1925 are of summary nature and do not confer any title to the amount in favour of the certificate holder. The observations to this effect were made by Justice Javed Iqbal Wani while hearing an …

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court
2 years, 3 months ago

Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court

Live Law  

The Madras High Court recently directed the Joint Registrar Original Side to lodge a police complaint against a litigant who had approached the court with false affidavit and other documents. Justice CV Karthikeyan made the above direction after observing that the litigant had created a false death certificate, false legal heirship certificate, false Will with false signatures, all of which …

Tamil Nadu rolls out fresh guidelines for issuing legal heir certificates
2 years, 5 months ago

Tamil Nadu rolls out fresh guidelines for issuing legal heir certificates

The Hindu  

September 30, 2022 10:34 pm | Updated 10:34 pm IST - CHENNAI The Tamil Nadu government has issued fresh guidelines for issuing the legal heir certificate, which will henceforth be in a common format applicable to everyone without any difference on the basis of religion or gender. The applicant can apply online to the Tahsildar in whose jurisdiction the deceased …

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court
2 years, 8 months ago

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

Live Law  

The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214 of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is …

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court
3 years, 7 months ago

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court

Live Law  

The Kerala High Court recently ruled that the competent authorities cannot insist on the production of the First Information Report for grant of an heirship certificate if one of the parties has been missing for more than seven years. The question before the Court was whether the competent authority for grant of heirship certificate sought by the petitioner is justified …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

Certificate Of Purchase Can’t Be Conclusive Proof Of Title In Case Of Joint Family Property: Bombay HC [Read Judgment]
6 years, 8 months ago

Certificate Of Purchase Can’t Be Conclusive Proof Of Title In Case Of Joint Family Property: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that certificate of purchase cannot be conclusive proof of title vis-à-vis joint tenants of a land.Justice Anuja Prabhudessai held that in case of a joint family property, the certificate of purchase issued in the name of karta or an elder of the family is actually for or on behalf of the joint family.Case BackgroundThe …

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]
7 years, 1 month ago

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]

Live Law  

Quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her …

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]
7 years, 1 month ago

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]

Live Law  

Quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her …

No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]
7 years, 4 months ago

No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]

Live Law  

The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827 to respondents.Justice SC Gupte heard the petition filed by one Kusum Chandrakant Shankardas and her two daughters. The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal …

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]
7 years, 10 months ago

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the nominee.Justice Valmiki Mehta was hearing an appeal against an order by the trial court dated January 18, 2017, wherein the application for revocation of succession certificate filed by the appellant was …

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]
7 years, 10 months ago

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the nominee.Justice Valmiki Mehta was hearing an appeal against an order by the trial court dated January 18, 2017, wherein the application for revocation of succession certificate filed by the appellant was …

Nomination Doesn’t Amount To Will In Law: Delhi HC [Read Judgment]
7 years, 10 months ago

Nomination Doesn’t Amount To Will In Law: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court, in the case of Rampali vs The State Govt of NCT of Delhi, has reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs shall be entitled to inherit the property of the deceased.In the present case, an appeal was filed to revoke the trial court’s order …

Legal Heirs Are Entitled To Terminal Benefits: Madras HC [Read Judgment]
8 years, 5 months ago

Legal Heirs Are Entitled To Terminal Benefits: Madras HC [Read Judgment]

Live Law  

The Madurai Bench of the Madras High Court in P. Panchali w/o Periamayan vs. Justice S. Vimala decided that legal heirs would be entitled to terminal benefits, and not the nominee alone.The respondents had declined the request of the petitioner. Justice S. Vimala decided that legal heirs would be entitled to terminal benefits, and not the nominee alone. The respondents …

Legal heirs of the deceased cannot settle Criminal cases on his behalf : Punjab and Haryana HC [Read Judgment]
9 years, 3 months ago

Legal heirs of the deceased cannot settle Criminal cases on his behalf : Punjab and Haryana HC [Read Judgment]

Live Law  

It is inexplicable how they can be allowed to do so on behalf of a dead person. Possibility that they have acted under pressure or for some consideration, cannot be ruled out, the court said while refusing to quash the FIR.The Punjab and Haryana High Court has held that legal heirs of the deceased cannot enter into a compromise with …

Legal heirs of the deceased cannot settle Criminal cases on his behalf : Punjab and Haryana HC [Read Judgment]
9 years, 3 months ago

Legal heirs of the deceased cannot settle Criminal cases on his behalf : Punjab and Haryana HC [Read Judgment]

Live Law  

It is inexplicable how they can be allowed to do so on behalf of a dead person. Possibility that they have acted under pressure or for some consideration, cannot be ruled out, the court said while refusing to quash the FIR.The Punjab and Haryana High Court has held that legal heirs of the deceased cannot enter into a compromise with …

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]
9 years, 3 months ago

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]

Live Law  

The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan …

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