Issue in family member certificate

992 votes

No, the Tahsildar (Taluk office) cannot arbitrarily cancel a validly issued family certificate without notice or giving you an opportunity to be heard. Here's a breakdown of your legal position: Legal Advice & Action Steps 1. Violation of Principles of Natural Justice Notice & Hearing: Before cancelling any official document, the authority must serve notice and give the affected parties (you, your mother, and sister) a chance to respond. Cancelling without informing you is illegal and arbitrary. 2. Who Can Be Included in a Family Certificate? A Family Member Certificate (especially post-death) is issued to declare the legal heirs of the deceased. Generally, legal heirs include: Spouse Children Parents (including mother or father of the deceased) So yes, your grandmother (father’s mother) is also a Class I legal heir under Hindu Succession Act, hence eligible for inclusion. 3. What You Can Do Now File a written representation/appeal to the Revenue Divisional Officer (RDO) or Collector stating: That the cancellation was done without notice. That you are not objecting to inclusion, but procedure must be followed lawfully. Request reissuance of the certificate including your grandmother after proper enquiry. 4. Alternative Option You can apply for a revised family certificate with all members, including your grandmother, to avoid unnecessary legal hurdles. Conclusion The cancellation without notice is legally wrong. You can challenge it before higher revenue authorities or through a writ petition in the High Court if needed. However, if there's no objection to including your grandmother, filing for a revised certificate would be a faster and more amicable solution. Would you like help with drafting a representation letter to the RDO or Collector?

Advocate Mrudhula Jahnavi LawRato

697 votes

Under the law, once a Family Member Certificate is issued, it cannot be cancelled arbitrarily or without giving notice to the persons named in the certificate. If the Tahsildar cancelled the certificate based only on your grandmother’s complaint and without informing you or giving you a chance to respond, it is a clear violation of the principles of natural justice. In such a case, you have the right to file a written objection or appeal before the Revenue Divisional Officer (RDO) challenging the cancellation. In your appeal, you can state that the cancellation was done without proper enquiry or opportunity to be heard, and request a re-investigation. Also, it's important to note that a Family Member Certificate is usually issued to list the immediate family of a deceased person—typically spouse, children, and dependent parents—for purposes like pension, job, or legal heirship. Grandparents are not generally included unless specifically required for a particular purpose or if they are legal heirs under succession laws. Therefore, you should act quickly and seek correction or re-issuance of the certificate by following proper legal procedure through the revenue authorities.

Advocate Upparapalli Shruthi LawRato