G.O.(Ms) No.478, Revenue & Disaster Management, Revenue Administration Wing RA-3(2) Section, dated 29.09.2022
The Revenue & Disaster Management Department, Revenue Administration Wing RA-3(2) Section, issued G.O.(Ms) No.478 dated 29.09.2022 to set new guidelines and procedures for issuing Legal Heir Certificates in Tamil Nadu. It supersedes the earlier orders and circulars referred to in the document, removes the earlier Class I and Class II heir classification, and sets out who can be included in the certificate, who can apply, what documents can be filed, and how appeal and revision work.
What this document does
The Revenue & Disaster Management Department, Revenue Administration Wing RA-3(2) Section, in G.O.(Ms) No.478 dated 29.09.2022, issues fresh guidelines and procedures for Legal Heir Certificates in Tamil Nadu. The Government says these guidelines are based on the Full Bench orders of the Hon'ble High Court of Madras and are issued in supersession of the earlier orders and circulars listed in references 1 to 4.
Who it affects
This matters to anyone applying for a Legal Heir Certificate, including family members of a deceased person, adopted children, minors applying through a guardian, and anyone challenging the grant or rejection of a certificate. It also directs Tahsildars, Independent Deputy Tahsildars, Revenue Divisional Officers and District Revenue Officers on how these applications must be handled.
Key changes and rules
- The Tahsildar in whose jurisdiction the deceased ordinarily resided before death is the authority to receive the online application.
- The certificate is to be a common document for everyone, without difference based on religion or gender.
- The earlier classification of heirs as Class I and Class II is dispensed with.
For a married deceased person, the certificate will include only these members, along with their living status:
- father
- mother
- spouse
- sons
- daughters
For an unmarried deceased person, the certificate will include only these members, along with their living status:
- father
- mother
- brothers
- sisters
Application and proof documents
Any one of the listed legal heirs may apply on behalf of the others. The application must include:
- death certificate, or late registration of death certificate from the Revenue Divisional Officer
- if the person is treated as dead, the competent court order declaring the person dead
- proof of residence of the deceased, such as Aadhaar Card, Voter ID Card, Passport, Bank Pass Book or Postal Savings Book, Driving License, Pension Payment Order, or similar document
To prove relationship, documents may include:
- marriage registration certificate
- passport
- voter ID
- Aadhaar card
- community certificate
- driving license
- birth certificates or transfer certificates of all children
- similar documents
Processing, appeal and safeguards
- Applications move through the online system to the Village Administrative Officer and Revenue Inspector for verification and enquiry, then to the Tahsildar for issue.
- A minor legal heir may apply through a guardian, or through the brothers or sisters of the deceased, if no adult legal heir survives.
- For an adopted child, the Tahsildar must confirm that the adoption was legal before issuing the certificate.
- Appeal against the Tahsildar's order lies to the Revenue Divisional Officer within one year from issuance or rejection.
- Revision against the Revenue Divisional Officer's order lies to the District Revenue Officer within one year from the appeal order.
- Tahsildars must not add restrictive conditions such as saying the certificate is valid only for six months, fixing another specific time limit, or stating it is not valid in the Civil Court.
- A certificate obtained by false information or suppression of material facts can be cancelled by the issuing authority.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Who can be shown in a Legal Heir Certificate after G.O.(Ms) No.478 dated 29.09.2022?
For a married deceased person, only the father, mother, spouse, sons and daughters can be included. For an unmarried deceased person, only the father, mother, brothers and sisters can be included, along with their living status.
Can any one family member apply for the Legal Heir Certificate?
Yes. Any one of the legal heirs listed in the guidelines may apply for the certificate on behalf of the others.
Is the old Class I and Class II heir distinction still used for Legal Heir Certificates?
No. The document says the classification of heirs as Class I and Class II is dispensed with.
What can I do if the Tahsildar rejects my application or issues a certificate I dispute?
An appeal can be filed before the respective Revenue Divisional Officer within one year from the date of issuance or rejection of the application. A revision against the Revenue Divisional Officer's order can be filed before the District Revenue Officer within one year from the date of the appeal order.
