Registered No.
PY/44/2021-23
Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY
∂]ÔV´D ÿ✓u≈ Publiée par Published by
ÿkπX| Autorité Authority
®ı Amflºƒˆ ÿk^π¬˛wÁ\ 2021 } ÂkD✓Ï | 19 { No. 47 Poudouchéry Vendredi 1 9 Novembre 2021
No. Puducherry Friday 19th November 2021
(28 Kartika 1943)
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
(G.O. Ms. No. 17, DRDM/C2/2021,
Puducherry, dated 18th November, 2021)
ORDER
Vide reference Letter in R.O.C. No. 51175-A/2020/Pondy, dated 11-09-2020 of the Hon'ble High Court of Judicature at Madras, Madras, has suggested to evolve a system of issuing Legal Heir Certificates as prevalent in Tamil Nadu.
[ 985 ] 986 LA GAZETTE DE L'ETAT [PART–II
2. Accordingly, the Lieutenant-Governor, Puducherry, is pleased to empower the Taluk Tahsildar-cum-Executive Magistrate of Taluk Offices in Puducherry/Karaikal regions and Deputy Tahsildar-cum- Executive Magistrate of Sub-Taluk Offices in Mahe/Yanam regions for issue of Legal Heir Certificate in the format prescribed at Annexure-I herein and also approve the procedure and guidelines for issuing the certificate as detailed below:–
(a) The Tahsildar in Puducherry/Karaikal regions and Deputy Tahsildar in Mahe and Yanam regions shall issue a Legal Heir Certificate only to the Class I legal heirs as defined under section 8 of the Hindu Succession Act, 1956 (i.e., son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son, son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son). The Legal Heir Certificate issued by the Tahsildar/Deputy Tahsildar, as the case may be, shall not be equivalent as the Succession Certificate issued by the District Judge under the Indian Succession Act, 1925.
(b) To obtain Legal Heir Certificate, any person who is a direct legal heir has to submit the application, in the format prescribed at Annexure-II herein, to the Tahsildar/Deputy Tahsildar, as the case may be, in whose jurisdiction the deceased person ordinarily resided at least for a year before his/her death.
(c) Upon the receipt of such application, the Village Administrative Officer (VAO) shall conduct an enquiry and record the statement where the person is residing and the concerned family members of deceased person and their relatives and the general public/ neighbours in the locality
(d) After enquiry, the VAO has to prepare a statement and display the same (Annexure-III-A) in the VAO Office, Taluk Office and in the locality for a period of seven days to call for any objection for issue of a Legal Heir Certificate. After the expiry of seven days, the VAO shall submit the report to the Revenue Inspector.
987
PART–II] LA GAZETTE DE L'ETAT
(e) After examining the VAO report, the Revenue Inspector shall
submit the report to the Tahsildar through the Deputy Tahsildar in
Puducherry/Karaikal regions and to the Deputy Tahsildar in Mahe/Yanam
regions.
(f) The Tahsildar/Deputy Tahsildar, as the case may be, will
examine the report (Annexure-III-A and III-B) and may issue the Legal
Heir Certificate. In case of any doubt, he may call for any other relevant
document or enquire any person in this regard to decide on the issue of
Legal Heir Certificate.
(g) If, the deceased person had resided for less than a year prior
to his/her death in the area under the jurisdiction, then the Tahsildar/
Deputy Tahsildar, as the case may be, shall obtain a report from the
Tahsildar/Deputy Tahsildar in whose jurisdiction the deceased resided
for more than a year or from where the relevant particulars can be
ascertained as deemed fit.
(h) The following documents shall compulsorily be submitted
by the applicant while submitting the application:
(a) Death Certificate of the deceased in original.
(b) Any one of the following documents shall be submitted as
Proof of ID/Residence of the deceased person:
(i) Aadhaar Card,
(ii) Voter ID Card,
(iii) Passport,
(iv) Bank Passbook/Postal Savings Book,
(v) Driving Licence, and
(vi) Pension Payment Order.
(I) If, anyone spouse survives-then they shall be the applicant
and submit the following documents:
(a) Marriage Registration Certificate or Passport or Voter ID or
Aadhaar Card or NPR document should be submitted to establish
the relationship.
988 LA GAZETTE DE L'ETAT [PART–II
(b) Birth Certificate of all children or Transfer Certificate of all
children.
(c) Self declaration of the spouse indicating all other legal heirs
(including Mother-in-law if, wife is the applicant).
(II) If, parents are deceased, then anyone child shall be the
applicant and submit the following documents:
(i) If, applicant is a Major,
(a) Death Certificate of the parents in original,
(b) Birth Certificate or Community Certificate or Passport or Aadhaar Card and (all eligible heirs) or Transfer Certificate or NPR or Employee Service Record.
(ii) If, applicant is a minor, guardian can apply and submit the
following documents:
(a) Death Certificate of the parents in original.
(b) Birth Certificate or Transfer Certificate or NPR or Employee Service Record or Community Certificate or Passport or Voter ID or Aadhaar Card of all eligible heirs.
(c) Guardianship order issued by the Hon'ble Civil Court to
prove the relationship to the heirs.
(III) In case of death of unmarried children-parents or siblings
shall be the applicant and submit the following documents:
(a) Death Certificate of deceased in original,
(b) Any proof to establish relationship of deceased (i.e.,) Birth Certificate/Transfer Certificate of deceased or any other relevant document,
(c) Self-declaration of the parents/siblings.
(IV) Other direct legal heirs (daughter-in-law, grandson and
grand daughter etc.,).
(a) Any one of the following documents shall be submitted as
Proof of ID/residence of the applicants–
(i) Aadhaar Card,
(ii) Voter ID, 989
PART–II] LA GAZETTE DE L'ETAT
(iii) Passport,
(iv) Bank Passbook details,
(v) Driving Licence,
(b) Widow and not Remarried Certificate in case of
"Daughter-in-law",
(c) Death Certificate of the deceased in original.
(V) Adopted children: In case of issue of Legal Heir Certificate to an adopted child, the Tahsildars/Deputy Tahsildars, as the case may be, shall issue Legal Certificate after confirming that the individual has been adopted legally and that he has produced a valid Adoption Deed fully registered as per the Hindu Adoptions and Maintenance Act, 1956.
(VI) If, the applicant belongs to Islam religion, the details of
the legal heirs of the deceased person may be given as per the rules
contained in the Muslim Law.
(i) Tahsildars of Taluk Office in Puducherry/Karaikal regions and Deputy Tahsildars of Sub-Taluk Office, shall in Mahe/Yanam regions shall not issue Legal Heir Certificates for the following cases and to inform the applicants to approach the Competent Civil Court for obtaining the Legal Heir Certificates.
(a) Class II legal heirs or indirect legal heirs mentioned in the schedule under section 8 of the Hindu Succession Act, 1956.
(b) Siblings of the deceased cannot claim Legal Heir Certificate from the Tahsildars/Deputy Tahsildars, as they come under Class II legal heirs or indirect legal heir. However, they can submit application for issuance of Legal Heir Certificate in favour of their father/mother and in view of age/literacy constraints, if any.
(c) On enquiry, when the deceased person is having one or more spouse and they are having children, and also if, there is any settlement disputes.
(d) In case, of the person treated as dead, who is missing for a period of 7 years or more and staying away from the family.
990 LA GAZETTE DE L'ETAT [PART–II
(e) In the case of adopted child without valid Adoption Deed registered as per the Hindu Adoption and Maintenance
Act, 1956.
(f) No certificate shall be issued under Indian Succession Act, 1925 and to the heirs of the French or other
Nationals.
(j) If, any person disputes the issued Legal Heir Certificate, an
appeal petition shall be filed before the Subdivisional Magistrate concerned within a period of one year from the date of issue of
the certificate for making alterations, corrections, deletions or
inclusions. The Subdivisional Magistrate shall pass appropriate orders and any Legal Heir Certificate obtained by suppression of
facts shall be cancelled after due enquiry.
(k) Any person aggrieved against the order of the Subdivisional
Magistrate may be directed to approach the Competent Civil Court.
(By order of the Lieutenant-Governor)
ASHOK KUMAR, I.A.S.,
Secretary to Government (Revenue).
————
ANNEXURE – I
GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
Taluk/Sub-Taluk Office ........................................................................
No.
Date :
LEGAL HEIRSHIP CERTIFICATE
This is to certify that (Late) Sri/Smt./Kumari ....................................
son/daughter/wife of Sri/Smt. ............................................................
resided at ....................................... (Full address) ....................................... (District) ....................................... (State) ....................................... expired
on ................................................. leaving behind him/her the following persons as his/her legal heirs :
991
PART–II] LA GAZETTE DE L'ETAT
Sl. Name Age Relationship Marital Aadhaar No./ No. (in years) with the status Aadhaar
deceased Enrolment No.
(1) (2) (3) (4) (5) (6)
Certified by
Signature :
Name :
Designation :
Taluk/Sub-Taluk :
————
ANNEXURE – II
kVˆ∑ˆÁ\fl ƒV[§>ø¬ÔV™ sıð©✓ ✓ΩkD
APPLICATION FORM FOR LEGAL HEIRSHIP CERTIFICATE
1. ளıð©✓,ஏ´ˆஜ ÿ✓டீÏ :
Name of the Applicant
2. ,Ô©✓™ஏÏ/ÔðமÏ ÿ✓டீÏ :
Father/Husband's Name
3. ✓ஏழ™னு : பı / ÿ✓ı
Sex Male / Female
4. ÷Ú©∏¶ ஒÔமˆ :
Residential Address
5. ÷≈Õ,மˆஜ ÿ✓டீÏ :
Name of the deceased 992 LA GAZETTE DE L'ETAT [PART–II
6. ÷≈©யுfl ƒஏஜ§,µ ®ı : (துÈfl ƒஏஜ§,µ ÷Áð¬Ô©✓¶ ºமı|னு) Death Certificate No. (Original Certificate to be enclosed)
7. ÷≈Õ,மˆஜ மஏˆ∑Ô^ ளம´னு :
Legal Heirs of the deceased
மˆÁƒ ÿ✓டீÏ மடீஅ உ≈° ஒÁ≈ ஸÚ\ð\ஏ™மÏ/ ®ı Name Age Relationship ஸÚ\ð\ஏÔஏ,மÏ
SI. No. Martial Status
(1) (2) (3) (4) (5)
* \–,ஏ´Ï ÷¸Èஏவடீ \,›Á,fl ºƒÏÕ,மÿ´ஆ_ ÷¸Èஏவடீ ƒ'¶
ளஸÔπஜ✓Ω மஏˆ∑,ஏ´ÏÔ^ ளம´னு.
* If, the applicant belongs to Islam religion, the details of the legal
heirs of the deceased as per Islamic rules may be given..
8. ®ஜ™ Ôஏ´ð›ஸரÔஏÔ ƒஏஜ§,µ : º,Áம©✓|˛≈அ? (º,Áமடீஏ™ பமð›ஸஜ ÂÔ_ ƒ\Ï©∏¬Ô ºமı|னு). Purpose for which the Certificate is required. (Necessary documents to be enclosed).
(∂) ÷≈Õ,மÏ ŒÚ\ð,ஏ´´ஏ? :
÷ Ú \ ð , ஏ ´ ´ ஏ ? ( ஒ , _ \Á™ளடஜ ணறÕÁ,Ô^/ ÷´ı¶ஏமஅ \Á™ளடஜ ண ற Õ Á , Ô ^ ள ம ´ னு ÷Áð¬Ô©✓¶ ºமı|னு) Deceased had one wife/two wives. (Details of children of first wife/Second wife to be enclosed).
(ப) ளம´∫Ô^ :
Details 993
PART–II] LA GAZETTE DE L'ETAT
9. ண|னு✓ ∂'Á¶ ®ı :
Family Ration Card No.
10. \ – , ஏ ´ Ï ÷ ≈ Õ , ம Ú ¬ ண ® Õ , :
மÁÔட_ உ≈°? Relationship of the applicant with the deceased.
11. ளıð©✓ Âஏ^ :
Date of application
Note : The applicant shall be liable for prosecution for any misrepresentation
or suppression of facts/information.
ளıð©✓,ஏ´ˆஜ ÁÔÿடீஏ©✓னு. Signature of the Applicant.
————
ANNEXURE – III-A
ISSUE OF LEGAL HEIR CERTIFICATE
ENQUIRY REPORT
(to be signed by VAO concerned and affixed on the notice-board of VAO office)
1. Name of the deceased with address :
2. Name of the applicant, address and :
relationship with the deceased.
3. Date of application :
4. List of documents enclosed :
5. Date of enquiry :
6. Details of persons enquired along :
with their contact details.
7. Details of legal heirs ascertained in :
the enquiry.
Signature of the VAO with date
994 LA GAZETTE DE L'ETAT [PART–II
ANNEXURE – III-B
(to be submitted along with Annexure-III-A)
1. Date of affixure of Annexure – III-A :
on the VAO office notice-board.
2. Objections received, if any :
3. Remarks/Recommendation of VAO :
with signature.
4. Remarks/Recommendation of Revenue :
Inspector with signature.
5. Remarks/Recommendation of Tahsildar/ : Deputy Tahsildar with signature.
————
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