Jammu: The J&K government has directed all concerned revenue authorities to remain extra-cautious and show due diligence to relevant provisions of law while issuing dependent/legal heir certificates.
“It has been observed that the legal heirs’ certificates/dependent certificates are being issued by the authorized revenue authorities i.e., tehsildars without observing the prescribed norms/rules,” reads a circular issued by Principal Secretary, Revenue department, Shaleen Kabra.
On examination of some cases referred to the revenue department for advice, especially where “the dependent is adopted son or adopted daughter”, the officials quoting the circular said, “It has been found that the legal heir certificates/dependent certificates for the purpose of seeking the benefit of SRO 43 of 1994 have been issued by the authorities without having a valid proof.”
The circular also quoted the extracts of the opinion of the Advocate General in one of such cases where a similar issue was under examination, for compliance.
“The Hindu Adoption and Maintenance Act, 1956 itself is a complete code regarding the realm of adoption etc. The relevant provision of this Act including Sections 6, 7, 8, 9, and 10 clearly indicate that no adoption shall be valid in law unless it satisfies the requisite essentials contained under these provisions. Even otherwise, neither alleged will nor the consent decree passed by the civil court, can be suitable for a proper and valid adoption under law,” read the circular, quoting extracts of Advocate General’s opinion.
The circular further said, “Therefore, all the concerned revenue authorities are asked to be extra-cautious and show due diligence and adherence to the relevant provisions of law/rules governing the field while issuing dependent/legal heir certificate.”