Legal heir certificate

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved
A tahsildar has issued two legal heir certificates. What can i do to challenge the second certificate?

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B K Raghavendra Rao (Expert) 25 December 2010
Legal heir certificates cannot be issued by the Tahsildar. Even if they are issued, they are not valid.

Legal heir certificates have to be issued by the civil courts after due proceedings in a civil petition.

Guest (Expert) 25 December 2010
KINDLY NOTE THAT FOR LEGAL HEIR CERTIFICATE YOU HAVE TO APPLY TO THE COURT FOR SUCCESSION CERTIFICATE COURT WILL ISSUE NOTICE AND INVITE OBJECTIONS .IT IS TO BE PUBLISHED IN NEWS PAPERS .AND AFTER HEARING OBJECTIONS IF ANY ,COURT WILL ISSUE SUCCESSION CERTIFICATE.
CERTIFICATES ISSUED BY TAHISILDAR NOT AUTHORISED AND NOT VALID AND CAN BE CHALLENGED IN SAID COURT.GOOD LUCK.

Gulshan Tanwar (Expert) 25 December 2010
Succession Court comes into action here;
go for probate also;

Advocate Bhartesh goyal (Expert) 25 December 2010
Mr. Rao and Mr.Sawant are very correct.

Kirti Kar Tripathi (Expert) 25 December 2010
I disagree with experts. The legal heir certificate are issued by the collector after verification through revenue authorities, it contains the name of legal heirs of deceased and are valid up to Rs. 5000/-. Tehsildar can not issue legal heirs certificate. moreover, there are two different legal heirs certificates of one deceased persons. the aggrieved person can make request to the collector for necessary inquiry and cancelling of the wrong certificate and also for issue of correct certificate and also he can challenge the same either by filing of civil suit or writ petition before high court.

Querist : Anonymous (Querist) 26 December 2010
Thanks Kriti Kar Tripathi sir for detailed answer.

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