[ 985 ]

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.

Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

EXTRAORDINARY

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Publiée par

Published by

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Autorité

Authority

Registered with the Registrar

of Newspapers for India under

No. 10410

Registered No.

PY/44/2021-23

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Amﬂºƒˆ

ÿk^π¬˛wÁ\ 2021 } ÂkD√Ï | 19 {

No. 47

Poudouchéry

Vendredi

Novembre

2021

No.

Puducherry

Friday

19th

November

2021

(28 Kartika 1943)

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.

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.

(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.

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,

(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”,

(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.

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. sıð©√>V´ˆ[ ÿ√BÏ

Name of the Applicant

2. >Ô©√™VÏ/ÔðkÏ ÿ√BÏ

Father/Husband's Name

3. √Vo™D

: gı / ÿ√ı

Sex

Male / Female

4. ÷Ú©∏¶ xÔkˆ

Residential Address

5. ÷≈Õ>kˆ[ ÿ√BÏ

Name of the deceased

992

LA GAZETTE DE L'ETAT

[PART–II

ºkı|D)

Death Certificate No.

(Original Certificate to be

enclosed)

7. ÷≈Õ>kˆ[ kVˆ∑Ô^ sk´D

Legal Heirs of the deceased

kˆÁƒ

ÿ√BÏ

kBm

c≈° xÁ≈

]Ú\ð\V™kÏ/

®ı

Name

Age

Relationship

]Ú\ð\VÔV>kÏ

SI. No.

Martial Status

(1)

(2)

(3)

(4)

(5)

* \–>V´Ï ÷¸ÈVtB \>›Á>ﬂ ºƒÏÕ>kÿ´M_ ÷¸ÈVtB ƒ‚¶

s]Ôπ[√Ω kVˆ∑>V´ÏÔ^ sk´D.

* If, the applicant belongs to Islam religion, the details of the legal

heirs of the deceased as per Islamic rules may be given..

8. ®[™ ÔV´ð›]uÔVÔ ƒV[§>µ :

ºkı|D).

Purpose for which the Certificate

is required. (Necessary documents

to be enclosed).

(∂) ÷≈Õ>kÏ ŒÚ\ð>V´´V? :

÷Ú\ð>V´´V?

(x>_

\Á™sl[

zwÕÁ>Ô^/

÷´ı¶Vkm

\Á™sl[

z w Õ Á > Ô ^

s k ´ D

Deceased had one wife/two

wives. (Details of children

of first wife/Second wife to

be enclosed).

(g)sk´∫Ô^

Details

993

PART–II]

LA GAZETTE DE L'ETAT

9. z|D√ ∂‚Á¶ ®ı

Family Ration Card No.

10. \–>V´Ï ÷≈Õ>kÚ¬z ®Õ> :

kÁÔl_ c≈°?

Relationship of the applicant

with the deceased.

11. sıð©√ ÂV^

Date of application

Note : The applicant shall be liable for prosecution for any misrepresentation

or suppression of facts/information.

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.

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.