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Parasuraman V   13 December 2023

Legal heir cancellation delayed

I had applied for Legal heir certificate , but found one name missing. Hence applied for cancellation of the certificate, so that the missed out can be included in the Heir certificate. 

But it is more than 4 months now , the cancellation has not been done by RDO thirumangalam, Annanagar west, Chennai 600101.

HOW DO WE SPEED UP THE PROCESS, which involved all serniors 



Learning

 5 Replies

P. Venu (Advocate)     13 December 2023

Why one name is missing? Is it because of the incorrect information provided or because of the error on the part of the RDO?

Why the heirship certificate is required?

Sanskriti Tiwari   13 December 2023

In order to encounter the delays in legal matters such as a legal heir certificate, it's important to take some proactive steps. To initiate the process, immediately consider sending a formal written request or a legal notice to the Regional Deputy Officer (RDO) of Thirumangalam, Annanagar west, Chennai 600101, highlighting the reasons for the cancellation and the need for swift action due to the inclusion of a missing name in the heir certificate.

The citizens of India, under Article 21 of the Constitution, have the right to timely administrative actions. Therefore, this delay may also be challenged as a violation of this article. The case of Sheela Barse v. State of Maharashtra (1983) also highlighted the duty of authorities to promptly act in matters concerning fundamental rights.

Moreover, if the delay persists despite formal requests. filing a writ petition in the High Court under Article 226 of the Constitution, seeking directions to expedite the cancellation process, may also be an option which may compel the concerned authorities to take immediate action.

In addition, the Right to Information Act, 2005 also allows individuals to seek information on the status of their applications, which can also be utilized here to inquire about the delay officially.

Dr. J C Vashista (Advocate )     14 December 2023

How and why one name went "missing" in your application supported by an affidavit ?

Unbelievable statement.

You are liable to be prosecuted and punished u/s 195 of the Indian Penal Code, 1860 for submitting false information.(on oath).

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 December 2023

you can file a writ petition in the courts of law for revocation and issued a fresh certificate. The concerned authority can issue with court order. A new certificate must be issued if an issued certificate is replaced for any reason with a new updated certificate. For example, if you update a certificate template and reissue certificates, you could revoke the previous certificate with this reason code.

Parasuraman V   15 December 2023

I inadvertently missed to put  my name in the list as I was applying for the certificate.


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