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(1).G.O.(Ms)No.2906, Revenue Department, dated 04.11.1981 ; (2).G.O.(Ms)No.581, Revenue Department, dated 03.04.1987 ; (3).Government Letter No.1534, Revenue Department, dated 28.11.1991 ; and (4).Circular instructions No.11/2017, RA 5(3)/180/2017, dated http://www.judis.nic.in 09.08.2017.
7. There is no provision under the Registration of Birth and Deaths Act, 1969, or any other Act or Rules, empowering the Revenue Authorities to issue a Legal heirship Certificate. In the year 1981, a One Man Committee in District Revenue Administration suggested delegation of powers to the Tahsildar/Deputy Tahsildar for issuance of a Legal heirship Certificate and while accepting the recommendation, the Revenue Department in G.O (Ms) No.2906, dated 04.11.1981, had empowered the jurisdictional Tahsildar/Deputy Tahsildar to issue Legal heirship Certificate. The Government issued guidelines, which have to be followed by the Revenue officials, while considering the issuance of Legal Heir Certificate, in the said G.O., which have been reinstated in the Government Letter No.1534, dated 28.11.1991. Paragraph 3 of the said letter reads as follows :
“3. It is known that in the legal heirship Certificates issued by some Tahsildars, the following sentences are written "valid for six months only" and "not valid in any Court of law" as conditions. The legal heirship certificates issued by the Tahsildars cannot be considered as equivalent to the Direct legal heirship Certificates issued by the Courts under the Indian Succession Act, 1925. Further, there is no possibility for imposing conditions. Therefore, I request you not to impose any of the conditions, as mentioned above, while issuing the legal heirship certificate.” http://www.judis.nic.in
“2. Before analyzing the validity of the impugned order, it would appropriate to trace the powers of the second respondent in refusing to issue a Legal heirship Certificate to the Class-II legal heirs. There is no provision under the Registration of Birth and Deaths Act, 1969, or any other Act or Rules, empowering the Revenue Authorities to issue a Legal heirship Certificate. In the year 1981, a one man committee in District Revenue Administration suggested delegation of powers to the http://www.judis.nic.in Tahsildar/Deputy Tahsildar for issuance of a Legal heirship Certificate and while accepting the recommendation, the Revenue Department in G.O (Ms) No.2906, dated 04.11.1981, had empowered the jurisdictional Tahsildar/Deputy Tahsildar to issue Legal heirship Certificate. Subsequently, by Letter (Rt) No.1534, dated 28.11.1991 issued by the Revenue Department, certain conditions were imposed for issuance of Legal heirship Certificate, wherein one of the conditions was that the Tahsildar should refrain from issuing the Legal heirship Certificate to Class-II legal heirs with a further direction to advise the applicant to approach the Civil Court seeking for remedy. Certain other guidelines were also appended to the said letter dated 28.11.1991.
6.When the law specifies the mode of succession, there is no impediment on the part of the Tahsildar to issue Legal heirship certificate as prescribed in the mode of succession. Nevertheless, in cases, where there are serious rival claims for the heirships, which cannot be considered, on the basis of the statement of the claimants and which necessarily requires to be established through proper oral and documentary evidences, it would be appropriate, to refer such parties to the Civil Court of law. Such an exercise however should be made only when the authority is satisfied that there is a rival claim for heirships or the relationship of the heirs with the deceased is disputed. In all other cases, the authorities are bound to issue Legal heirship Certificate for the Class-II legal heirs also. It is needless to point out that the certificates thus issued should be preceded by a proper enquiry by the Revenue Authorities.