My son expired due to illness recently in Vijayawada, A.P. I have applied for family member certificate through mee seva for me (mother), his wife, daughter and son (four members). MRO rejected family member certificate despite drawing panchanama from neighbors. On enquiry it is stated that they are not issuing family member certificate including mother. For them family means wife and children only. They suggested me to go to court and get legal heir certificate which I cannot due to my age(64y), being a widow, health and financial reasons. we all are living together and my son is taking care of my needs. Please suggest me is MRO action is right. is there any GO/instructions in AP to deny mother in family member certificate. what can I do now.
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1. Such certificate in many has has no legal sanctity.
2. The succession certificate which is issued by court only is best evidence of heirs of the deceased person.
3. If your health does not permit nothing to worry. Your daughter in law can apply.
4. however it attracts court fees and advocate's fees. So act accordingly.
When a Government employee and the head of the family expires, the surviving family members such as Spouse, Sons, Daughters has to obtain a certificate which is referred as Family Member or Proper Person Certificate
2)family includes mother . there is no GO to deny mother name in family member certificate
3) you can complain against MRO refusal to issue family member certificate to the Tehsildar collector
APPLICATION FOR FAMILY MEMBER /
PROPER PERSON CERTIFICATE
To
The Tahsildar,
………………………………Mandal.
Sir / Madam,
It is to bring to your notice that my father / husband / son / daughter
______________________________son/father/husband ____________________________ died
on ___________________________ date due to …………………………….. As certain dues
are to be received from the Government / Other Companies / Organisations, I required a Family
Member /. Proper Person Certificate. Details of my family members are furnished here under.
Sl. No. Name of the Family Member Age Sex Relationship with the Deceased
1.
2.
3.
4.
5.
2. I am herewith enclosing the following documents in support of my application.
a)Death Certificate dated…………………. Issued by…………………………….
b)Ration Card No.
3 I am also enclsing
the following with the application form
a) Challan for Rs.50/- dt………………………; Challan No…………………………
b) Notarized Affidavit of Family Members (Rs.10/-)
4. Hence, it is requested that after due enquiry the Family Members Certificate / Proper
Person Certificate my be issued.
5. The Proper Person Certificate may kindly be issued in favour of …………………….
…………………….………………… (Sl. No……….. above) to receive the dues if any from
Government / any other Organisation / Company etc., due to the death of the deceased.
( To be filled in only if proper person certificate is required)
Date:
Place:
:
Signature of the Applicant
AFFIDAVIT OF FAMILY MEMBERS
I, ………………………………. S/o, D/o ……………………………, age ……
years, residing at D.No.
………………………………………………………………………..
………………………… Nellore Mandal, Sri Potti Sriramulu Nellore District, do
hereby solemnly affirm and state as follows:-
1. I do hereby declare that my Father/Mother/Husband/Son/Daughter died on
…………………………………………, at ………………………………due to
illness. He has left behind the following family members.
Sl.No. Name of the family members Age Relationship with the
deceased
2. I am giving this affidavit on solemn declaration consciously believing it to
be true and in faith thereof.
The above stated facts are true and correct.
Date: Deponent.
Solemnly affirmed and executed.
1. Family member certificate has to be obtained on the demise of a govt employee.
2. Mother is certainly a part of family as she is a Class 1 heir of her son.
3. File a writ petition in the High Court against MRO to issue the certificate by including the name of mother.
The legal heirship certificate is the correct certificate and not the family member certificate.
You are one among the class I legal heirs to the deceased, it cannot be denied hence you send a legal notice to the MRO to issue the legal heirship certificate or approach the district collector for his intervention and direction to the revenue department to issue the desired certificate.
Thanks for kind response. I have been advised by well wishers to file writ in High court as rejection of family member certificate derogates my status and make me depend on good will of other family members affecting to fundamental Right to life, for early justice. Please suggest. Is it better to appeal before sub-collector first or is it issue worth filing writ petition.
1) appeal to collector first
2) then file writ in HC if your appeal is rejected by collector
3) filing writ is an expensive proposition . hence file appeal first
It is better if you exhaust the alternative remedy and then approach the High Court, otherwise if you file a writ in the HC and suppose the HC is not willing to entertain the same then you must take liberty to file an appeal before the Sub-collector.
Regards
First of all exhaust the remedies available locally by preferring a complaint before the collector and then decide to initiate legal action as per law.