My Mother was an employee in Tribal Welfare Department, Govt. of AP, my mother was died in 1989. my mother nominated my name as second son in her AP Family Benifit Fund Employees Contribution in [deleted]. but my sister got legal heir certificate with fradulent Death certificate from Tahsildhar of Madanapalle, Chittoor District, A.P in 1989 after my mother's death. Please give my Legal Position with Hon'ble Suprime Court with Reference as the Tahsildar Issued Legal Heir's certificate as Null and Void (Useless and illegal)
1. On death of your mother all her asset are liable for equal division among her sons and daughters.
2.So your sister did crime by making false representation in court and took out all the money.
3. o you can lodge complaint of forgery of public document and false evidence in court.
4. To claim your due sahre you will have to file a suit for partition agaisnt her.
Apply to tehsildar for setting aside legal heir certificate issued in name of your sister
2) on demise of mother you and your siblings are the legal heirs
3) nominee is only trustee for legal heirs
Hi
1) Though you were designated as a nominee in your mother's AP Family benefit fund employee's contribution, your legal status is that of being a guardian to the said funds lying in the account post your mother's demise.
2) As a nominee, a duty was cast on you to distribute the funds in the said account to the legal heirs.
3) Having said so, you and your sister are the class I legal heirs of your mother and in absence of the will, both of you are entitled to equal share of the said funds.
4) Now your sister cannot claim any monies, rights under the guise of legal heir certificate as prima facie, legal heir certificate can only issued by courts and not by any other authority.
In defence of your claim you can rely on the following judgments(these judgments are applicable to your case given that your mother died in the year 1989)
a) You may also refer to judgment of he judgment of the Supreme Court in Faqruddin (Dead) through Lrs. v. Tajuddin (Dead) through Lrs. MANU/SC/2796/2008 : (2008) 8 SCC 12 wherein the Supreme Court held that revenue authorities cannot decide a question of title.
b) Another supreme court judgment in Suraj Bhan v. Financial Commissioner MANU/SC/7303/2007 : (2007) 6 SCC 186, wherein it was held that entries in the revenue records do not confer title and are only intended for achieving the fiscal purpose and no ownership is conferred on the basis of such entries. It was also held therein that so far as the title to the property is concerned, it could only be decided by a competent civil Court. The Supreme Court also held in Faqruddin's case (supra) that once the revenue authorities had no jurisdiction to decide the question of title, their decision being without jurisdiction would be a nullity.
c) Case in AP High court : K. Pratap Reddy and Ors. vs. The Joint Collector and Ors. (26.12.2008 - APHC) : MANU/AP/0704/2008 wherein the said directions of supreme court were followed.
Hope this information is useful.
1. If the death certificate is forged then you should file a criminal complaint against your sister for the offences of forgery and cheating.
2. A civil suit for declaration that the legal heir certificate is forged and illegal has to be filed in the civil court. Hon'ble Supreme Court's reference will not fetch you anything.
3. Null and Void does not mean ''Useless and Illegal''.
You protest the legal heirship certificate issued by the Tahsildar which was issued without including or name. You can register strong objection to this and can make a complaint against the Tahsildar with the district collector against this.
