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Sanjaci (SSE)     16 April 2013

Community certificate for daughter

Hi

I am in the process of getting community certificate for my daughter, I would like to get some legal advice before.

Ours was a inter-caste marriage, with my husband being in BC and myself in MBC.

Unfortunately my husband died in an accident 2 years back, is it possible to obtain Community Certificate using my College Transfer Certificate and Community Certificate.

I have my husband's death certificate.

 

Please advise me on this.



Learning

 9 Replies

Adv k . mahesh (advocate)     16 April 2013

your daugther will be getting her father caste as BC

if you have any copy of your husband then apply if you have his transfer certificate alongwith it his death certificate you have to submit to tahsildar.revenue officer at your place (if any certificate issued by government that your husband is B.C can also be submitted) 

Sanjaci (SSE)     16 April 2013

Thank you for the reply

No I dont have any documents of my husband issued by government stating that my husband is BC.

In that case can I show my Transfer Certificate.

Adv k . mahesh (advocate)     16 April 2013

mother caste will not be given to children and only father caste will be 

so an affidavit has to be submitted verify a document writer near the revenue office and submit  the papers 

Sudhir Kumar, Advocate (Advocate)     09 June 2013

No choice.  It is the caste of father which will be given to the child

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

As per the law of the land, a child will embrace the caste and religion of the father and not mother.  For the purpose of obtaining community certificate, you apply for the same with the details of the father, his caste, his native, his last residence, etc and submit the application to the Tahsildar, who will verify the same through VAO and Revenue Inspector, and on the basis of their report, the Tahsildar shall issue the community certificate.  It is very simple but time consuming.

M.Gopal (Website)     14 January 2014

No.  As per Government of Tamil Nadu GO ..... A child can elect to have either father or mother's community.  I have already uploaded a copy of that GO earlier ( about 3 years back ), but i don't have a copy right now.  This forum also missing my earlier posts.

But I am very sure That the first child is at his / her liberty to choose either of parent's community.

Thanks

M.Gopal (Website)     14 January 2014

No.  As per Government of Tamil Nadu GO ..... A child can elect to have either father or mother's community.  I have already uploaded a copy of that GO earlier ( about 3 years back ), but i don't have a copy right now.  This forum also missing my earlier posts.

But I am very sure That the first child is at his / her liberty to choose either of parent's community.

Thanks

Sudhir Kumar, Advocate (Advocate)     14 January 2014

The GO of state Govt can be relevant only for OBC reservation for state Govt jobs only OBC reservation for central jobs and Sc/ST reservations for both Central/state jobs are governed by central orders

Kalaivani   21 July 2015

the Government Order in G.O.Ms.No.477, Social Welfare Department, dated 27.6.1975, whereby the children born out of inter-caste marriages have been considered to belong to either the community of the father or the mother, according to the way of life, in which they are brought up. The parents of the children are also directed to file a declaration to that effect that they have been brought up as belonging to either the community of the father or the mother as the case may be. The said Government Order is extracted hereunder:-
 
GOVERNMENT OF TAMIL NADU ABSTRACT Children born to inter-caste married couple  Determination of Community  Orders issued.
 
----------------------------------------------------------------------------
SOCIAL WELFARE DEPARTMENT

G.O.Ms.No.477       Dated: 27.6.1975

ORDER


 The Government haven been extending certain concessions to the members of Scheduled Castes, Scheduled Tribes and Backward Classes from time to time. A question has arisen about the determination of the community of the children born of inter-caste marriage.
 
2. The Government after carefully examining the question direct that the children born of inter caste marriages, that is marriages--
 
"i) between a person of Scheduled Tribe and another of a Scheduled Caste or Backward Class or Forward Class;
 
ii)between a person of a Scheduled Caste and another of a Backward Class or Forward Class; and
 
iii) between a person of a Backward Class and of a Forward Class".

Shall be considered to belong to either the community of the father of the community of the father of the community of the mother according to the declaration of the parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children.
 
(BY ORDER OF THE GOVERNOR)

 

Pls refer : https://www.tnpsc.gov.in/gos/sw_e_477_1975.pdf

 


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