G.O.(Ms.) No.110, Amendment to Guidelines and Procedures for Issuance of Legal Heir Certificate
The Revenue and Disaster Management Department, Revenue Administration Wing, RA-3(2) Section, issued G.O.(Ms.) No.110 dated 13 March 2024, amending Clause 2 of the Legal Heir Certificate guidelines in G.O.(Ms.) No.478 dated 29 September 2022, which had superseded earlier orders. The amendment lists the relationships to be recorded for different family situations and confirms that a Legal Heirship Certificate is only a relationship certificate, not a court-issued succession certificate.
What the amendment does
The Revenue and Disaster Management Department, Revenue Administration Wing, RA-3(2) Section, issued G.O.(Ms.) No.110 dated 13 March 2024. It substitutes Clause 2 of the Legal Heir Certificate guidelines issued through G.O.(Ms.) No.478 dated 29 September 2022, following orders of the High Court of Madras and a proposal from the Additional Chief Secretary and Commissioner of Revenue Administration.
The substituted clause applies irrespective of religion or gender. A certificate must state each named person's relationship with the deceased and whether that person is living.
Relationships that may be recorded
G.O.(Ms.) No.110 dated 13 March 2024 identifies the following people for different family situations:
- For a married person, the spouse, children and legally adopted children, and parents. More than one spouse may be named where permitted by the relevant personal law.
- For a remarried person, children of a wife who died earlier or was legally divorced, the existing spouse or spouses, children and legally adopted children, and parents.
- For an unmarried person, the parents and siblings.
- Where both spouses have died and there are children, the children and legally adopted children, and the parents of the deceased.
- Where both spouses have died without children, the parents and siblings of the deceased.
Legal effect of the certificate
G.O.(Ms.) No.110 dated 13 March 2024 requires every Legal Heirship Certificate to explain its limits:
- It only records names and relationships with the deceased.
- It represents the issuing authority's opinion, based on information supplied by the applicant and checked through a discreet enquiry.
- It is not equivalent to a succession certificate issued by a court.
- A certificate issued by the Tahsildar does not determine or affect anyone's legal rights or legal heir status under personal law.
- The issuing authority may recall a certificate obtained using false information, concealed material facts or fraud.
Which applications are covered
The amended guidelines cover applications made under G.O.(Ms.) No.478 dated 29 September 2022 that were still awaiting a decision, and applications made after implementation of the guidelines. They do not apply to, alter or invalidate certificates issued before those guidelines.
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Common questions
Can siblings be included in a Legal Heirship Certificate?
Yes. G.O.(Ms.) No.110 dated 13 March 2024 provides for siblings to be named when the deceased was unmarried, and when both spouses died without children.
Does a Legal Heirship Certificate prove my inheritance rights?
No. It is only a relationship certificate and cannot be treated as a succession certificate issued by a court. It does not determine legal heir status or affect rights arising under personal law.
Can a Legal Heirship Certificate be cancelled after issue?
The issuing authority may recall it if information was false, material facts were concealed, or the certificate was obtained fraudulently.
Will the amended guidelines change an older Legal Heirship Certificate?
No. G.O.(Ms.) No.110 dated 13 March 2024 states that the guidelines do not apply to or alter certificates issued before the guidelines in G.O.(Ms.) No.478 dated 29 September 2022.
