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SAM (LEGAL)     13 February 2024

Re: talathi not adding names in 7/12 extracts

Respected Sir's,

My grandfather demised in the month of October, 2023. My grandfather has 4 daughters and one adopted son (which he adopted illegally without proper legal documents). We have made application in the month of October, 2023 to Talathi office for adding names of four daughters (and not adopted son) in 7/12 Extracts who are legal heirs/biological daughters of my late grandfather and grandmother who demised intestate but the concerned Talathi is purposely trying to delay the matter and has not yet added names of all 4 daughters in 7/12 extracts inspite of making proper application to the talathi office. Same application has been made by adopted son in talathi office to add his name in 7/12 extracts. We came to know that the adopted son bribed the talathi office so as to not to add names of 4 daughters name in 7/12 extracts. 

The adopted son sold 1 acres of land for Rs.10 lakhs to two unknown persons in the year 2023 when my grandfather was alive without taking NOC from 4 daughters and kept all the money in his bank account and didnt share any part of money to all 4 daughters 

Inspite of repeated follow ups through mobile phone, personal meeting at talathi office our greviances are not been heard by the Talati office. We are helpless as the talathi office is purposely delaying the matter and not adding names of all 4 daughter's who are legal heirs of my late grandfather. The Talathi office is neither providing any reasons nor providing any information with regard to delay in adding names of 4 daughter in 7/12 extract. Thus the matter is still pending before the talathi office without any justifiable reasons. She informed on whatsapp that without succession certificate she cant do the needful. She has not given anything in writing to apply for succession certificate.

We approached Tahsildar office. Tahsildar informed to Talathi but she says she will give reply after 2 days as she is busy in election duty and purposely try to delay the matter. 

Kindly advise.

Regards,

Sam
 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     13 February 2024

The Tahsildar is the appropriate authority to get the names included in the 7/12 records.

However if you do not have legal heirship certificate issued by the Tehsildar in respect of the list of legal heirs to succeed to the estates of the deceased property owner, the Talathi may refuse to add the names of the daughters of the deceased.

You do not have to beg the Talathi for this, instead you approach the Tehsildar or the district collector, but before that you obtain a proper legal heriship certificate 


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