Case Title: Arasu S Vs The Tehsildar, W.P.No.7978 of 2025 and W.M.P.No.8958 of 2025
Madras High Court’s Judgment: Affidavit can be filed if Legal Heirs are not known.
Facts: The Petitioner has filed for Legal Heirship Certificate, but could not confirm who shall ne the legal heirs of the deceased. Hence, the legal heirship application is rejected.
Key Takeaways from the Judgment: The Court has emphasized on identification and determination of legal heirs by concerned authorities. However, to confirm the identity of deceased and relationship with deceased, five (5) Affidavits from friends and relatives known to the family can be submitted to concern authority.
Conclusion: This judgment provides clarity on the requirements for establishing heirship rights and will have a substantial impact on property transactions in India. However, there is possibility of skeptical view by Judges and concerned authorities of other States. Hence, it is advisable to make and register Will to avoid legal battles and hardships caused for your legal heirs.
Judgement Analyzed By,
Shailendra M Deshpande
Advocate & Trademark Attorney
+91 98900 32603
