• Legal heir certificate to wife

Seeking valuable advice on getting legal heir certificate to apply compassionate employment scheme in Kerala state 
Husband was government employee who died during service period 
there is no Will from the husband 
Wife wants to apply for job 
she applied for legal heir certificate to Tahsildar to issue in her name 
the deceased have no children's 
 husband mother and brother is alive .
 But they are not ready to give consent letter to tahsildar .
tahsildar is delaying to issue legal heir certificate to wife of the deceased .
seeking legal advice
Asked 12 days ago in Property Law
Religion: Christian

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9 Answers

Legal heir certificate does not require. She must be having marriage certificate, sufficient to prove relation of husband and wife. Directly apply for compassionate employment. Only is entitle to this job.

Brother is not dependent and her mother can claim some % from salary or pension. 

And if government, not agree, file writ in high court. 

And for issue of LHC, consent does not require of any family member. 

Yogendra Singh Rajawat
Advocate, Jaipur
23019 Answers
31 Consultations

In Kerala, the legal heirs of a deceased male Christian, if he died intestate (without a will), are determined by the Indian Succession Act, 1925, and the primary legal heirs include the widow, children (sons and daughters), and in the absence of these, parents, siblings, and other relatives.

Since you are the primary legal heir, you don't require the NOC from his mother or other extended relatives. 

The spouse is considered the sole legal heir in this scenario. The Indian Succession Act, 1925 governs the distribution of property in such case.

If the Tahsildar is delaying the issuance of certificate without any valid reason, you may approach District collector with an application seeking direction to the Tahsildar in this regard and his intervention.

 

T Kalaiselvan
Advocate, Vellore
88512 Answers
2397 Consultations

As the husband was a government employee, all his official records would reveal the wife's details. Why do they insist on a legal heir certificate for giving her a job on compassionate basis? The legal heirs certificate issued by the tehsildar should list out all the legal heirs of the deceased in accordance with their personal law (in this case, Christian). If the tehsildar is not helpful, the wife can complain to the next Revenue authorities, including the District Collector. 

Swaminathan Neelakantan
Advocate, Coimbatore
3011 Answers
20 Consultations

On demise of husband wife and mother are the legal heirs 

 

2) no objection certificate is necessary for obtaining legal heir certificate in wife name only 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

Wife is first legal heir to husband, not brother or mother. Even if Tahasildar rejects to issue legal heir certificate  to wife, she is entitled to job on compassionate ground. Against delay by Tahasildar you approach Deputy Collector.

Ravi Shinde
Advocate, Hyderabad
4850 Answers
42 Consultations

You can file complaint to his superior about the delay and seek certificate 

Prashant Nayak
Advocate, Mumbai
33420 Answers
220 Consultations

Legal Heir Certificate (Kerala):

  • Husband died in service, no Will, no children.

  • Survived by wife and mother (Class I legal heirs). Brother’s consent not needed.

  • Tahsildar must issue certificate with wife and mother’s names.

  • If delayed, file complaint to Collector or writ petition in High Court.


Let me know if you want a draft.

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

- As per law, after demise of husband , his wife and mother can be named as beneficiary 

- Further, as per Supreme Court,  compassionate appointments are not a matter of right but are exceptions to the general recruitment rules. They are intended to alleviate immediate financial hardship faced by the deceased employee's family

- Hence, the wife is first entitled to get the job on Compassionate appointment. 

Mohammed Shahzad
Advocate, Delhi
15144 Answers
230 Consultations

Dear Client,

  1. According to Hindu Succession Act, the mother and wife are legal heirs; brother is not a first heir. The wife is entitled to compassionate employment even without others' approval.
  2. Tahsildar's Role: Tahsildar can give the legal heir certificate mentioning both wife and mother—no consent letter is necessary as per law. Delay is not justified.
  3. Next Steps: Complain to the District Collector/RDO, or file a writ petition in Kerala High Court to order the Tahsildar to issue the certificate at the earliest.

Hope this helps you out, should you require any other explanations or difficulties, please just ask.

 

Anik Miu
Advocate, Bangalore
10593 Answers
123 Consultations

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