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

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. Justice Bharatha Chakravarthy observed that when there is no rival claim, each and every fact cannot be verified, and the authority was expected to make the best judgment based on the available materials. “Even if there is no other proof, the petitioner can be directed to file affidavits and he can also arrange for five affidavits of the persons known to the family which will include relatives and neighbours. On that basis, the report has to be forwarded to the respondent and ultimately, when there is no rival claim, each and every fact cannot be verified in view of the efflux of time. The best judgment has to be made on the basis of the available materials and the persons have to be declared as legal heirs,” the court said. The court was hearing a petition filed by Arasu against the order of the Tahsildar rejecting his application for legal heirship certificate. Arasu had applied for the certificate in connection with the death of one CP Subramaniyam @ Subramani, who died in December 1998. Though a death certificate was obtained, no legal heirship certificate was obtained to date. Upon application, the Tahsildar conducted an enquiry but noting that it could not conclude who was the legal heir, the application was rejected. 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. However, when there is no proof regarding the same, the authority can prepare the report based on the affidavit given by the applicant. In the present case, the court set aside the order of the Tahsildar and asked Arasu to appear before the Tahsildar for further enquiry. The court added that the Tahsildar could insist on such documents/affidavits or relegate the applicant to the concerned Revenue Inspector for further enquiry. 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. The court also directed the exercise to be completed within a period of 12 weeks. Counsel for the Petitioner: Mr. I. Calvin Jones Counsel for the Respondent: Mr. R. Neelakandan, Additional Advocate General, Asstd. by Mr. S. Balamurugan, Government Advocate Case Title: Arasu S v. The Tahsildar Citation: 2025 LiveLaw (Mad) 104 Case No: W.P.No.7978 of 2025Click Here To Read/Download The Judgment

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

Upasana Sajeev

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