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G. ARAVINTHAN (Legal Consultant / Solicitor)     05 February 2010

Legal Value

 In a patta transfer matter, 'A' applied for transfer of patta, which is in the name of 'B', brother of 'A', who died intestate and had no dependents. 

Tahsidar directed him to file Succession Certificate.

A obtained for Letters of Administration from District and produced the copy of the same before Tahsidar and the Tahsildar rejected the application that Succession Certificate not produced.

Is it correct?

Which has more legal Value ? Succession Certificate of Letters of Administration?



Learning

 2 Replies

Daksh (Student)     05 February 2010

Dear Ganeshan,

Tehsildar is not a judicial authority but mainly concerned with revenue matters.  I do not think that he has given his refusal in writing. Be let it be he does not have any authority to reject any representation such as yours.  Both succession certificate and Letter of Administration have equal legal value much more than the unchecked authoritative descretion of a revenue officer.  Write a communique to the Chief Financial Commissioner elaborating every possible minutest detail and warning him to initiate writ petition and see the results.

Best regards

Daksh

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 February 2010

 Tahsidar has given reason that the application is rejected as the Succession Certificate is not produced. He has not even considered the Letters of Administration


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