Madras HC Upholds Rights Of NRIs In Legal Heirship Claims | OCI Card Must Be Accepted As Valid ID Says Court Citing ‘Extraordinary Circumstances’
Isabella Mariam
The High Court of Judicature at Madras Single Bench of Justice D. Bharatha Chakravarthy held that Overseas Citizen of India (OCI) registration booklets must be accepted as valid identification for availing government services in India. The Court directed the concerned revenue authority to process a legal heirship certificate application submitted in physical form by a petitioner whose identity documents were not compatible with the State’s online portal requirements. The Bench ordered the authority to verify the documents in person and process the application strictly in accordance with law within a stipulated timeline.
The writ petition arose from the inability of the petitioner, a resident of a foreign country and an Overseas Citizen of India, to submit an online application for a legal heirship certificate following the death of her husband. The deceased, Dr. S. Subramaniam, passed away on 5 March 2025 at Apollo Hospital, Greams Road, Chennai. The petitioner, along with her two sons, were the surviving legal heirs.
Due to their foreign residency, the petitioner and her sons did not possess Aadhaar cards or the other identity documents mandated by the State Government’s online system for processing legal heirship applications under G.O.(Ms) No. 478 dated 29.09.2022. Consequently, the State's e-governance platform declined to accept the submission.
In response, the petitioner submitted a physical application dated 12 April 2025 to the third respondent, the Tahsildar of Egmore Taluk, seeking the issuance of a legal heirship certificate. The application enclosed a copy of the petitioner’s OCI card, which was not accepted by the online system due to the absence of Aadhaar verification.
Represented by senior counsel, the petitioner argued that the non-acceptance of her OCI documentation by the e-governance platform was arbitrary and contrary to directions issued by the Government of India. Specifically, the petitioner cited notification S.O. 585(E), which requires State Governments to recognise OCI registration booklets as valid identity documents. The petitioner contended that the refusal to process her application due to the lack of Aadhaar or online upload capabilities was contrary to these provisions.
The State Government, represented by the Additional Advocate General and the Additional Government Pleader, submitted that since the application had not been uploaded through the designated online portal, it could not be processed in the ordinary course. No separate guidelines for handling such applications in physical form had been issued, leading to the present impasse.
The petitioner sought a writ of mandamus directing the Tahsildar to process the application based on the physical documents submitted, invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India.
The Court examined both the petitioner’s contentions and the government’s response. Referring to the relevant clause of G.O.(Ms) No. 478 dated 29.09.2022, the Court recorded: “Even as per clause 3, sub-clause 3 (vii) of the G.O.(Ms). No. 478 dated 29.09.2022, any other similar document can also be accepted.”
The Court then cited the Government of India’s notification S.O. 585(E), stating: “State Governments should ensure that the OCI registration booklets of OCIs are treated as their identification for any services rendered to them.”
The notification further clarified the procedure for proof of residence: “In case proof of residence is required, Overseas Citizens of India may give an affidavit attested by a notary public stating that a particular/specific address may be treated as their place of residence in India, and may also in their affidavit give their overseas residential address as well as e-mail address, if any.”
In view of the above, the Court held: “The Overseas Citizen of India (OCI) Card and the OCI booklet can also be taken as an identity document and the application can be considered.”
Noting the operational limitations of the digital portal, the Bench recorded: “Since the online portal does not accept the said document, the physical application made by the petitioner may be considered, treating this as an extraordinary case.”
The Court directed that the physical application submitted by the petitioner on 12.04.2025 shall be taken up for consideration by the third respondent.
It was ordered that the petitioner must appear before the third respondent on 23.04.2025 and produce a copy of the OCI card or booklet along with the original for verification.
The third respondent shall treat the same as a valid identity document and process the application in accordance with law, passing appropriate orders.
The Court further directed that the final order shall be passed within a period of four weeks from the date of receipt of the web copy of the order, without awaiting the certified copy.
Additionally, the Court ordered that the connected miscellaneous petition stands closed. No costs were awarded.
Advocates Representing the Parties
For the Petitioners: V. Prakash, Senior Counsel for S. Gokul, Advocate
For the Respondents: R. Neelakandan, Additional Advocate General VIII assisted by Dr. S. Suriya, Additional Government Pleader
Case Title: Manel Amrithkala v. Government of Tamil Nadu and Others
Case Number: W.P. No. 14116 of 2025
Bench: Justice D. Bharatha Chakravarthy
[Read/Download order]
