Monday, August 8, 2011

Mutation in revenue records?

The names of all legal heirs should be mentioned in the application and it should be submitted along with affidavit and death certificate of the deceased to get the names of heirs entered to the records of rights. It is correct that only ration card is not decisive proof of heirs. No doubt, the court is empowered to grant succession certificate and it is obligatory if there is any dispute among heirs. However, it is the duty of revenue department to enter the names of all heirs to the record of rights, if there is no dispute. The reasons given by Tahasildar are intangible. It is not important whose names are shown in the ration card, the important thing is that whether the deceased has any other heirs besides the names mentioned in the application. If the Tahasildar finds that the applicants have concealed the names of any heirs of deceased in the application/affidavit, he can refuse to enter the names of applicants as heirs of deceased. It is not correct that a deceased wife should also be shown as heir. If the wife of the deceased is already dead, there is no question of entering the name of wife because heirs of the husband and wife are same. However, if any of the sons/daughters is predeceased, his heirs i.e. sons/daughters/wife shall have right in the share of their father. It means grandchildren of the deceased grandfather can claim share in the property of their grandfather if there father is dead before the death of their grandfather. In your matter, you might have suppressed the names of any genuine heir or your application may be incomplete. You might have not produced all the necessary documents. Therefore, the revenue authority might have rejected the application. There is another possibility that the concerning authority of revenue may be avoiding to enter the name of heirs due to corruption. If you are sure that your application is perfect and it was along with affidavit and all other necessary documents, you approach the higher authority of the revenue dept. and raise your voice against the corruption. Otherwise, take the succession certificate from the court.

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