Jump to content

ration card RTI - tamilnadu - tricky


Recommended Posts

hello,

a person had a ration card in tamilnadu until mid 80s. after his demise, it was then transferred to my his wife in late 80s. and they had 4 legal heir sons, and only 1 only is residing at the property now. case is pending in court. grandson wants to file a RTI to get copy of ration cards issued at this address. want to know the currently status of the ration card and who name if t is is under to be submitted as evidence to court.

filed RTI asking for information in mid 1980s, but got a reply stating records for the years such backdated, are not available.

how should he approach with this. ?

can he file a RTI asking for current ration card status and the procedure used to remove rest of the legal heir names.

if the ration card is under the legal heir name (persons uncle), will it be consider private information as the person is eligible only to get his father/grandfather information.

Link to post
Share on other sites
Prasad GLN

A person can get the record that is available in material form at the time of receiving application.

Records not available is not an exemption stated any where in RTI Act.

If the record is available, it must be traced. Go for first appeal.

PIO must inform when the record was destructed and also state the laid down norm for life of such record destruction.

 

The query is very much confusing. As per my understanding, I am responding.

1.A ration card is different from Legal heir. Legal heirs may be residing any where, and those residing with parents upto earning age may only be shown. There is no inter connection between the two issues, they are individual and separate.

 

2.As food grains and other benefits are being distributed through Public Distribution system namely Ration card, and subsidies are given, it is a public document, and any one can seek such details from the dept., if the record is available in material form .

This is not a private information. Private information is that record that is provided by persons to Public Authority, whereas Ration card is a Public document which is being used as identity document.

Link to post
Share on other sites

prasad sir,

thanks for the reply

 

regarding your confusion, i was just saying, a member was removed from the ration card and so want the details of the removal. so mentioned it as legal heir name but actually details of member listed in ration card was required for a given period.

this is for a case where the family was living joint possession until mid of 90s and the move separately but the property was yet to be partitioned.

so trying to get a ration card copy to prove a claim of identify on the joint possession status at some point of time.

Link to post
Share on other sites
Prasad GLN

The confusion is in what way the Ration card is connected to joint possession of the property, when ration card is issued, based on income of the ration card.

Who said that because there is no name in Ration card, he can not claim possession.

If the property is joint, and family undivided, if there is no partition in he family, even if the undivided family member was residing in AFRICA , he can get his share. The law is that the undivided member is having possession as trustee for the entire family and not for himself alone, if you are HINDU.

 

As long as undivided property is not divided with metes and bounds, the law says that every such undivided member continue to have possession of the property. If any one claims the property in exclusive possession, it is upto the other party that claims entire possession to prove that there was earlier partition, he secured that property under that partition, and others were ousted from possession.

 

Please do not hunt for unnecessary and not relevant information as ration card possession is in no way strengthens any fact.

Link to post
Share on other sites

thanks. understand your view.

the matter is little tricky(as in my subject) and unable to post everything here,

but this purusal of ration card record will definitely make a difference and which is what the party is looking for to get.

am sure filing a RTI is no loss here for anyone.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    • Sunil Ahya
  • Forum Statistics

    • Total Topics
      119,756
    • Total Posts
      428,147
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy