OCI card legal heirship certificate
News livelaw.in, THE NEW INDIAN EXPRESS, magter
The Madras High Court has ruled that the Overseas Citizen of India (OCI) card and booklet are valid identity documents for obtaining a legal heirship certificate in India. This decision, delivered by Justice D. Bharatha Chakravarthy, provides significant relief to OCI holders who may not possess standard Indian identification documents like Aadhaar.
The judgment arose from a petition by Manel Amrithkala, an OCI cardholder whose husband passed away in March 2025. She sought a legal heirship certificate but faced obstacles because the online application portal did not accept her OCI card as valid identification. The authorities contended that her application couldn’t be processed due to the absence of locally issued ID proofs.
Justice Chakravarthy emphasized that, according to a Government of India notification, state governments are obligated to accept OCI registration booklets as valid identification for services rendered to OCI holders. He noted that when proof of residence is required, an OCI holder may submit a notarized affidavit stating a specific address in India as their place of residence.
The court directed the Egmore Taluk Tahsildar to process Amrithkala’s application, treating her OCI card and booklet as valid identity documents. If the online portal does not accept these documents, the authorities are instructed to consider her physical application and complete the process within four weeks.
This ruling sets a precedent ensuring that OCI cardholders are not disadvantaged due to the lack of traditional Indian identification documents. It reinforces the government’s stance that OCI documents are sufficient for accessing various services, including the issuance of legal heirship certificates.
Sources