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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
S.Panjavarnam – Appellant
Versus
Tahsildar, Ramanathapuram – Respondent
| Table of Content |
|---|
| 1. petitioner applied for a legal heir certificate. (Para 1 , 5) |
| 2. previous case cited for legal principles on heir issuance. (Para 2 , 4) |
| 3. denial of legal heir certificate based on missing status. (Para 3 , 7 , 8) |
| 4. judgment asserts jurisdictional authority limits on certificate issuance. (Para 6 , 19) |
| 5. distinctions between types of civil claims and evidence standards. (Para 9 , 10) |
| 6. burden of proof regarding presumption of death discussed. (Para 12 , 13 , 14 , 16) |
| 7. executive authorities cannot declare civil death. (Para 17 , 18 , 20 , 21) |
| 8. writ petition is remitted back for appropriate order. (Para 22) |
ORDER :
The petitioner herein applied to the Thasildar of Ramanathapuram for issuance of certificate showing her grand daughter Minor C.Yoga Shifana as the legal heir of her son- in- law Chithirai Munusamy, who went missing on 09.05.2005 and not heard for more than seven years. The said application was rejected vide proceedings of the Thasildar, Ramanathapuram, dated 29.07.2024 stating that the enquiry conducted reveals the said Chithirai Munusamy had not died naturally, he was reported missing. Hence, the Thasildar office is not competent to issue legal heir cer
Legal heir certificates cannot be issued by administrative authorities based solely on presumption; a judicial declaration of death is required under the law.
A Tahsildar can issue legal heirship certificates to Class - II heirs without requiring them to go to Civil Court if there are no rival claims.
A legal heir certificate can be issued without a death certificate if a person has not been heard from for over seven years, invoking the presumption of death under Section 108 of the Indian Evidence....
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