Legal hair
Samudra
(Querist) 18 September 2020
This query is : Resolved
In my case two respondents (females and unmarried) are there ,one of the respondent died. In the dead person's place the opposite is council shown a person as the husband of dead person (in the dead person's death certificate this person's name added as husband, and obtained legar heir certificate obtained from Tahasildar), using this certificate his name is added in the suit. Is this proper? How can I face this situation. One improper thing is She is not married and second is using leagar heir ( this is also not correct) certificate issued by Tahasildar is used in court proceedings.
This is happening in RR district court ,HC of Telangana surprisingly even in Supreme Court of India.
Please guide me.
Thanking you ALL.
Dr J C Vashista
(Expert) 19 September 2020
Facts posted lack clarity and vague.
Dr J C Vashista
(Expert) 19 September 2020
You might have engaged a lawyer, what is his/her advise on the issue ?
Samudra
(Querist) 19 September 2020
Dr. J C Vashista, I have posted my question to have the second opinion. I just wanted to share my concern about the things happening in the courts. As per law/Act Thasildhar certificate ie Legal heir certificate cannot be used in the Courts , only through succession certificate issued by the appropriate court is only valid (for immpleading as a successor).I am right? If wrong please advice me!
Thanking you ALL.
K Rajasekharan
(Expert) 19 September 2020
The issue of succession is in the court as per the query and the explanation.
At the conclusion of the case the court will examine the documents and evidence presented before it and will decide the issue of succession. The court can use any valid document as evidence.
The Succession Certificate is a weak document meant for dealing with debts and securities of the deceased. But it is being used by many as something equivalent to determining the legal heirs which is legally not correct. Legal Heirship Certificate or Family Relations Certificate is also used by some others.
But when the issue is disputed in court it is the court to decide the case based on evidence from both sides. The court is the ultimate authority to decide the issue of a successor in case of any dispute, including the dispute regarding the legal heirship certificate or even succession certificate which is issued on a summary proceeding without proper examination of every possible evidence as in the trial of a civil case.
A. A. JOSE
(Expert) 19 September 2020
Your query as such is not very clear & rather confusing. You have have even named HC, SC,etc., that too, without giving any specific details!
Anyhow, if you found that the Certificate issued by the Tahalsildar was incorrect, there was provision for challenging the same. Have you done it please?
Rajendra K Goyal
(Expert) 19 September 2020
You / your lawyer should have objected for inclusion of person after the death of one litigant.
If court has not agreed, proceed with an appeal.
