Legal heir certificate

Registration of Births and Deaths Act, 1969: 13(3): stipulates one year for registration of birth or death from the date of birth or death, as the case may be.

The Tehsildar may forward the application to Revenue Inspector for ascertaining genuineness of the claim.

If the report states that there is no ambiguity or confusion then there should not be an issue.

However as per prevalent rules in your state the Tehsildar may in fact be restricted by limitation and may have no authority to condone long period of delay of 19 years. The principles of laches and lapses may operate here.

In such a case the civil court may be approached.

The limitation shall not affect your right when you approach civil court.

If you are confident you can handle the simple process on your own or you may avail the services of a lawyer. 

Kumar Doab, Thank you for the response. All documentation are perfect. Death certificate is available. Only Legal Heir Certificate is not.

The time to obtain it from Tehsildar in your state may be 6 months/1 year or so.....................................hence Tehsildar may be right in his opinion to obtain it from civil court now.

You may check at your level.

You should not face any such difficulty when you approach  civil court.

Thanks once again for the clarification. Is there a stamp duty that I will have to pay in the court?

>> You may log onto the website of the district or the high court within whose jurisdiction, the properties of your deceased Fahter are situated.....................

The fee fixed by the court may be say.............up to 3% of the value of the stamp duty on the property...............

A local lawyer/ deed writer may also in a position to inform you the specific amounts.

They can also guide you that depending on the value of the estate of the deceased, the matter shall go to the type of court (pecuniary jurisdiction) which can conduct cases for that value.

All details might be available on the website of the district or the high court e.g;

https://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_5V1ZJF9S.PDF

While in case of legal heir certificate from Tehsildar the time for issuance may be say............15 days and fee may be less.

>> In your case the issue is only the delay and limitation expressed by Tehsildar.

There is no issue like as per report of the Revenue Inspector it is difficult/not possible to establish the legal heir.

You may go thru :

Madras High Court

M.N. Arumugam vs The Tahsildar on 9 March, 2011

https://www.indiankanoon.org/doc/1476659/

If you feel that certificate from Tehsildar is possible and option is better you may explore the merits.

A local lawyer can guide you further.

You may pursue the option that is deemed suitable at your end.

Thank you sir. Your message is very clear and detailed.