Petitioner challenged Tahsildar's requirement to re-register father's death issued from Indian Embassy abroad. Court held foreign registration under Section 20(1) exempts local re-registration and directed immediate issuance of Legal Heirship Certificate within one month.
Writ of Mandamus to issue Legal Heirship Certificate within one month of the order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.09.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
W.P. No.31514 of 2016
S.Abilash Srinivas .. Petitioner
Vs.
The Tahsildar, Nellikuppam Village, Thirupporur Taluk. .. Respondent
PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to forthwith issue appropriate Legal Heirship Certificate based on the documents as produced and that of the Enquiry Report of the Revenue Inspector and Village Administrative Officer along with the representation from the local general public without reference to the proceedings made in Na.Ka.No.556/2016/A4 dated 09.06.2016 and without insisting upon the registration in Tamil Nadu.
This Writ Petition has been filed aggrieved against the clarification sought by the Tahsildar for issue of Legal Heir Certificate.
Section 20(1) of the Registration of Birth and Death Act, if a registration of death is made before the Indian consulate or Sultanate of Oman, he need not re-regiser in India. Pursuant to the section 20(1), the clarification as sought by the Tahsildar is not at all required and it is superfluous. Therefore, the petitioner seeks necessary direction to the respondent for issue of legalheir certificate to the petitioner.
Sd/Asst.Registrar (J) /true copy/ Sub Asst. Registrar
To
The Tahsildar, Nellikuppam Village, Thirupporur Taluk.
+1 cc to Mr.L.Chandrakumar,advocate,sr.52067.
+1 cc to Govt.Pleader,sr.51620.
svi(co) krd 23/9
W.P. No.31514 of 2016
3 issues framed by the court
Whether Section 20(1) of the Registration of Birth and Death Act exempts a person from re-registering a death in India if it was registered by an Indian Embassy abroad.
Whether the petitioner is entitled to immediate issuance of a Legal Heirship Certificate based on foreign registration and an Enquiry Report.
Whether the Tahsildar's requirement to re-register the death in Tamil Nadu is legal under the said Act.
2 provisions across 2 enactments
S.Abilash Srinivas
The Tahsildar, Nellikuppam Village, Thirupporur Taluk
B.Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
