The Madras High Court ruled that the Overseas Citizen of India (OCI) card and registration booklet should be accepted as valid identity documents for issuing legal heirship certificates. This decision came in response to a petition filed by Manel Amrithkala, whose husband Dr. S. Subramaniam passed away on March 5, 2025.
The petitioner, currently residing abroad along with her two sons, approached the court because their application for a legal heirship certificate was rejected by the online portal. The portal required documents like Aadhaar, which the family did not possess as non-residents. They submitted a physical application instead, backed by their OCI documents.
Justice D. Bharatha Chakravarthy noted that the Government of India had already issued clear directions stating that:
"State Governments should ensure that the OCI registration booklets of OCIs are treated as their identification for any services rendered to them."
Further, the government notification clarified that in cases where proof of residence is needed, the OCI cardholder may submit a notarized affidavit declaring a specific address in India as their residence. The affidavit can also include their overseas address and email ID.
Quoting the government order, the court highlighted:
“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.”
The Tamil Nadu government’s own order (G.O.(Ms). No. 478 dated 29.09.2022) also states that equivalent or similar documents could be accepted when identity proof is required. Considering these provisions, the High Court directed the authorities to treat the OCI card and booklet as valid identity documents.
The respondents argued that the application was not considered since it was not submitted through the online system. However, the court recognized the limitations of the portal and treated this as an exceptional situation.
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As a result, the Court issued the following directions:
A final decision on the application must be made within four weeks from the date of the court order.
The Egmore Taluk Tahsildar must process the physical application dated 12.04.2025.
The petitioner is to appear on 23.04.2025 with the original and a copy of the OCI card/booklet.
The authorities must treat the OCI documents as valid ID and proceed with the application accordingly.
Case Title: Manel Amrithkala v. Government of Tamil Nadu and Others
Case No: W.P.No.14116 of 2025
