Heir-Ship Cases Register
When person dies without leaving any valid will his property passes to his legal hairs by personal law of deceased person. His legal heirs receive property by succession. Any person acquiring by succession, any right over the land is required to report his acquisition of such right to the Talathi for the purpose of registration of heirship. Talathi makes an entry in the register of mutations (Village Form VI) only after completing registration of heirship. Heirship case register is prepared by Talathi under Village Forms VI-C.
Heir-Ship Cases Register is prepared on the basis of the below mentioned factors,
- An application to the Tahasildar by one of the heir along with his affidavit. The affidavit should contain the below mentioned details:
- The name of the deceased occupant or the name of the deceased “other right holder.” (“other right holder” means person whose name is entered in “other right” column of village form VII)
- Date of death.
- Names of the legal heirs.
- Names of the heirs with whom land is in actual possession.(“Occupant”)
- Death Certificate
- A summary enquiry undertaken by the Tahsildar, through Talathi, to ascertain the legal heirs of the deceased, so far as may be possible.
PARTICULARS AVAILABLE IN HEIRSHIP CASE REGISTER:
1. Name of the deceased occupant or the name of the deceased “other right holder. Date of death.
2. Old khata number of village form VIII-A.( deceased occupant’s khata number)
3. Names of the legal heirs
4. Names of the heirs with whom land is in actual possession.(“Occupant”)
5. Details of the order of the Tahasildar as to who should be entered as a “Occupant” and who should be entered in the “other right column” of Village Form VII.
6. Entry number of village form VI regarding decision taken by Tahsildar about heir-ships.
A Tahsildar has no right to decide on disputed issues of title or succession. Heirship case register creates no title. Any person, who believes that he too is a legal heir, is always be entitled to ignore Heirship case and institute appropriate proceedings before a competent court.
In case the person whose name appeared on the Record of Right is disappeared for more than seven years without any proof that he is alive, his legal heirs can claim their right over the land. The claim of the persons in possession of the lands can be considered if there are no legal heirs to claim the right over land.