The Madras High Court has held that in the absence of proof for legal heirship, five affidavits of the persons known to the family, which will include relatives and neighbours, can be submitted.

The Court was hearing a Writ Petition filed seeking quashing of the order passed by the Respondent Thasildar and consequently, for directing the Respondent to issue Legal Heir Certificate in favour of the Petitioner.

The Single Bench of Justice D. Bharatha Chakravarthy held, "Once the death is reported, when an application is made for legal heirship certificate, it has to be determined as to who are the legal heirs. Even if there is no other proof, the petitioner can be directed to file affidavits and he can also arrange for five affidavits of the persons known to the family which will include relatives and neighbours."

The Petitioner was represented by Advocate I.Calvin Jones while the Respondent was represented by Advocate R.Neelakandan.

Facts of the Case

The legal heirship certificate was applied for by the Petitioner in respect of the death of one person. The Thasildar conducted an enquiry and since it could not come to a conclusion as to who are the legal heirs, the application was rejected.

Reasoning

The Court, at the outset, noted that once the death is reported, when an application is made for legal heirship certificate, it has to be determined as to who are the legal heirs.

"Even if there is no other proof, the petitioner can be directed to file affidavits and he can also arrange for five affidavits of the persons known to the family which will include relatives and neighbours. On that basis, the report has to be forwarded to the respondent and ultimately, when there is no rival claim, each and every fact cannot be verified in view of the efflux of time. The best judgment has to be made on the basis of the available materials and the persons have to be declared as legal heirs," the Court observed.

The Petition was accordingly allowed and disposed off with consequential directions.

Cause Title: Arasu S vs. The Thasildar, Mylapore Taluk

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Madras High CourtJustice D Bharatha Chakravarthy

Sheetal Joon