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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjeev Prakash Sharma, J.
Tajinder Kaur - Petitioner - Appellant
Versus
State of Punjab and others - Respondents - Respondent
CWP-14214 of 2023 (O&M)
Decided On : 07-07-2023
Legal Heir Certificate - Application of Circular for Legal Heir Certificate - The court held that the circular for issuing legal heir certificate was solely for considering claims for compassionate appointment, and not for the retiral benefits of an employee who has not mentioned the claimant in the service record during his lifetime. The court directed the petitioner to obtain a competent declaration from a civil court before applying for the retiral benefits.
Fact of the Case:
The petitioner sought a legal heir aid certificate, claiming entitlement as per a state-issued circular. The Deputy Director concluded that the certificate cannot be issued as the deceased did not mention the petitioner as his wife in his service record.
Finding of the Court:
The court found the application of the circular for issuing the legal heir certificate to be misconceived and dismissed the petition, directing the petitioner to obtain a competent declaration from a civil court before applying for the retiral benefits.
Issues: Application of circular for legal heir certificate, entitlement to retiral benefits without mention in service record, requirement of competent declaration from civil court.
Ratio Decidendi: The circular for legal heir certificate was intended for compassionate appointment claims, not for retiral benefits of an employee who did not mention the claimant in the service record. The petitioner was directed to obtain a competent declaration from a civil court before applying for the retiral benefits.
Final Decision: The petition was dismissed as misconceived, and the petitioner was directed to obtain a competent declaration from a civil court before applying for the retiral benefits.
SANJEEV PRAKASH SHARMA, J.
1. By way of present Writ Petition, petitioner prays to direct the respondents to issue legal heir aid certificate to the petitioner as claimed her in application dated 02.06.2022 (P-3).
2. Learned counsel for the petitioner submits that the State of Punjab issued instructions from 19.09.2002 (P-10) directing the Heads of the Departments and Commissioner of Divisions to issue legal heir certificates.
3. I have considered the submissions.
4. Earlier this Court passed an order to the respondents to examine the claim of the petitioner and the Deputy Director has reached to the conclusion that the said legal heir certificate in terms of the orders passed by the Court cannot be issued as the deceased has nowhere mentioned in his entire service record of the petitioner being his wife.
5. In the said circumstances, the applicability of the circular dated 19.09.2002 for issuing of legal heir certificate is found to be misconceived. The said circular is solely for the purpose of considering respective claims of persons for compassionate appointment, and in that respect the department is empowered.
6. However, claim of any person for the retiral benefits of an employee who has not mentioned of the relation or named him in the service record during his lifetime, can be settled only after a competent Civil Court gives a declaration in his or her favour. Procedure for obtaining succession certificate in this regard has been laid down under the Indian Succession Act, 1925 as well as Hindu Succession Act, 1956.
7. The petitioner would have to get the said competent declaration from the competent court granting her liberty to apply for the same.
8. Petition is misconceived and dismissed accordingly.
Petition dismissed.
The legal heir certificate circular was not applicable for retiral benefits if the claimant was not mentioned in the service record, and a competent declaration from a civil court was required for su....
Compliance with the requirements of the Indian Succession Act, Section 372 is essential for the issuance of a succession certificate.
The court emphasized the importance of timely issuance of legal heirship certificates by authorities.
Legal heirship certificates cannot be issued for claims exceeding ₹5,000 when disputes among heirs exist; certification must align with applicable laws and guidelines.
Legal heirship is determined by personal law; administrative guidelines limit the issuance of legal heir certificates, and courts cannot expand the scope of delegated powers. Rights of predeceased si....
Class II legal heirs have the right to obtain legal heirship certificates, and the respondent must consider such applications on merits and in accordance with the law.
The main legal point established in the judgment is the requirement for a thorough inquiry into the application for a legal heir certificate and the verification of the identities of the legal heirs,....
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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