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LEGAL HEIR CERTIFICATE


Thirumoorthy S

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Thirumoorthy S

A aged person has passed away a year before who have a three legal heirs. 

The major child of that passed away person has applied a legal heir certificate. During that time remaining other legal heirs are denied to give their proofs intentionally. So applicant (major child) has applied an application only with death certificate of deceased person & address proof of applicant. But all remaining other legal heirs details are listed in form without hiding anyone.

Finally the application has got rejected due to missing of other two heirs proof. In here other two heirs are not interested to get the legal heir certificate & intentionally they denied to give their proofs. But legal heir certificate is mandatory for the applicant.

I have a query in a ethical point of view, The application have all heirs details & application applied in genuinely. then why it have to rejected?

In what way denial of offering legal heir certificate to applicant because of missing of proofs for other heirs who are not interested to get the certificate is justified?

And please suggest me how to get the legal heir certificate in this situation.

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Sunil Ahya

Your query is in the nature of seeking a legal advice, kindly post it on an appropriate online forum where legal advises are offered alternately you may get in touch with an advocate in your locality.

This forum is dedicated for queries pertaining to seeking information under the Right to Information Act, 2005.

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Thirumoorthy S
12 hours ago, Sunil Ahya said:

Your query is in the nature of seeking a legal advice, kindly post it on an appropriate online forum where legal advises are offered alternately you may get in touch with an advocate in your locality.

This forum is dedicated for queries pertaining to seeking information under the Right to Information Act, 2005.

@Sunil AhyaSir, I tried to raise a RTI complaint regarding this issue. But I am not able to identify this category in RTI web site. Please let me know, on which ministry under legal heir certificate related complaints to be filed in RTI website?

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Prasad GLN

First file RTI Application in the format prescribed with RTI fee of Rs.10/- as per laid down procedure.  Seek information as follows:

Information solicited:

1.Please provide a certified copy of laid down procedure for obtaining a legal heir certificate and process to be followed by dept., while issuing such LHC.

Then if you have scrupulously followed the procedure, then the dept., is under obligation to provide such certificate.

After getting this laid down procedure, seek specific reason on record for rejecting LHC to...........................

Then issue a notice under CP Act demanding for certificate and compensation of Rs.25,000/- for Harassment.

After one month file consumer complaint in District Forum and it may not cost more than Rs.500/- if the applicant appear as party in person.

If all these fail obtaining succession certificate or declaration certificate from competent court is the last alternative, which is expensive, time consuming and moving the matter in courts tests patience of a common man.

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