Issuance of Legal Heirship Certificate Instructions

a)   Generally, if the head or a member of the family expires, the next legal heir to the deceased, like wife, or husband or son, father/mother shall apply for Legal Heirship Certificate for transfer of movable or immovable properties, sanction of family pension, etc. The death certificate in original obtained from the Competent Authority should accompany the application which should contain court fee stamp of Re.1/-. The application shall be forwarded to the Revenue Inspector to enquire all legal heirs, neighbours, other villagers and the Village Administrative Officer in detail. On receipt of report a certificate mentioning the names of all natural legal heirs will be issued by the Taluk/ Tahsildar (G.O.Ms.No.2906, Revenue, dated 4.11.1981).

b)   The Tahsildar can advise the applicant to approach Civil Court for issue of a certificate in the absence of a direct legal heir, as in the following cases.

i)             More than one spouse, their children and enquiry reveals dispute in particular of properties.

ii)            In the case of issue of a certificate to the heirs of the person who have been away from the family for more than seven years.

iii)          If they are not residents in the Taluk but are residents elsewhere and when they do not appear for enquiry and

iv)          When the deceased has no child or his/her own and another child is brought up.

c)   The instructions issued in letter (Ms) No.1534, Revenue, dated 28.11.1991 shall be followed.

d)   The certificate shall be issued within fifteen days in the form prescribed in the letter (Ms) mentioned above.

e)   There is no limitation for making application to obtain Legal Heirship Certificate, the concerned Tahsildar is bound to issue the same.

[Section 8 of the HSA, 1956]

HEIRS IN CLASS I AND CLASS II

CLASS I

I)             Son;

II)           Daughter;

III)         Widow; mother;

IV)         Son of a pre-deceased son; daughter of a pre-deceased son;

V)           Son of a pre-deceased daughter; daughter of a pre-deceased daughter;

VI)         Widow of a pre-deceased son;

VII)       Son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son;

VIII)      Widow of a pre-deceased son of a pre-deceased son.

CLASS II

I)             Father

II)           (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III)         (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

IV)         (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

V)           Father’s father; father’s mother.

VI)         Father’s widow; brother’s widow.

VII)       Father’s brother; father’s sister.

VIII)      Mother’s father; mother’s mother.

IX)         Mother’s brother; mother’s sister.

 Explanation : - In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

 Source:-

1)    The Hindu Succession Act, 1956

2)    Revenue Manual

3)    W.P.(MD)No.14956 of 2013 etc.batch, dated 25.09.2013, in the case of C.Dhamayanthi vs. The District Collector, Madurai District.