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Heirship certificate issue

(Querist) 04 January 2015 This query is : Resolved 
Hi
The fact is deceased died in natural disaster of uttarakhand in 2013.Then after central govt issued relief amount of 5.50lakh to the family members of deceased and forwarded the same to collector. The collector asked the heirs of deceased to produce heirship certificate from competant court for distributing purpose of said relief amount & as per letter of collector the relatives (class one heirs) approached to court praying that declaration them heirs for official work purpose stating the said reason as per the letter of collector
Now question arise before court at final argument.
1. Due to ammount stated in matter court has not power to issue heirship
2.but the ammount shown in case was not left by deceased.
3.the right in which the applicant claim are the imovamble property?
4.whether court has power to issue heirship certificate?
Need urgent expert opinion cause I am the applicant of case
Thanks
Adv. B.P.Chavan
9028636063
9860073404
bhupendra (Querist) 04 January 2015
If available case law please give here
Devajyoti Barman (Expert) 04 January 2015
They can apply for succession certificate which is more authentic than a mere heirship certificate.
Rajendra K Goyal (Expert) 05 January 2015
Proceed to get succession certificate i heirship certificate not possible. Citation not provided in this scion.
Isaac Gabriel (Expert) 06 January 2015
How the heirship and entitlements are intertwined?Come with clear facts.
venkatesh Rao (Expert) 07 January 2015
Admittedly, the amount is not the estate of the deceased.
The revenue authorities will issue certificate called survivorship Certificate, which shows that the deceased is survived by the persons mentioned therein.
T. Kalaiselvan, Advocate (Expert) 08 January 2015
The courts will not issue legal heirship certificate, it is the job of the revenue department. The court may be approached for succession certificate only. Alternately, the revenue department will issue survivor-ship certificate because the fact is that the deceased met his death due to a natural calamity.


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