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2021 DIGILAW 360 (KER)

Gireesh Kumar C. K. S/o. Padmini Amma v. State Of Kerala

2021-03-26

P.V.ASHA

body2021
JUDGMENT : The petitioner is aggrieved by the inclusion of the 4th respondent in the legalheirship certificate Ext.P3. The petitioner's wife died on 18.07.2018. The petitioner had submitted an application for legalheirship certificate based on which Ext.P3 certificate was issued after publication in the gazette in which the petitioner and the 4th respondent, who is the mother of the deceased, have been included. Later the petitioner found that the mother of the deceased cannot be included in the legalheirship certificate as the provisions contained in Section 15(1)(A) of Hindu Succession Act provides that legalheirs of a deceased Hindu lady are her husband and children. It is only in the absence of the legalheirs specified in class 1, the 4th respondent can be included. There is no provisions for including the husband as well as the mother of the deceased as legalheirs. Even though Ext.P3 legalheirship certificate was issued on the basis of the application submitted by the petitioner and objections were called for on publication in the gazette, a mistake has been crept into it. The petitioner had submitted an application for correction when the Tahsildar had forwarded the same to the District Government Pleader and the District Government Pleader had as per Ext.P5 opined that the Tahsildar does not have any authority to correct the same and the matter has to be corrected only on court orders. 2. The Writ Petition was filed in the above circumstances and later the same was amended incorporating the challenge against legalheirship certificate to the extent it includes the 4th respondent. 3. The 4th respondent has filed a counter affidavit. According to the 4th respondent, there is a civil dispute pending in Munsiff Court, Manjeri with respect to a property between the 4th respondent and the petitioner. It is also her case that the legalheirship certificate was issued on the basis of an application submitted by the petitioner and once the certificate is issued, the Tahsildar does not have any authority to effect any correction and there was no objection when the same was notified in the gazette as early as on 16.10.2018. Therefore, no correction can be allowed and it is not admissible under the provisions contained in Chapter 12 of the Kerala Village Manual. 4. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel for the 4th respondent. 5. Therefore, no correction can be allowed and it is not admissible under the provisions contained in Chapter 12 of the Kerala Village Manual. 4. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel for the 4th respondent. 5. None of the parties have any dispute over the fact that the petitioner is the only person who can be included in class 1 of the schedule to Hindu Succession Act under Section 15(1). The 4th respondent's turn as a legalheir can arise only in the absence of class 1 heirs. Therefore, it is seen that inclusion of the 4th respondent in the legalheirship certificate was legally impermissible. The application submitted by the petitioner showing the name of the 4th respondent or issuance of legalheirship certificate after publication in the gazette in the absence of any objection, will not enable the 4th respondent to become a legalheir as long as the petitioner is alive. Therefore, Ext.P3 legalheirship certificate to the extent it includes the 4th respondent is illegal. 6. There shall be a direction to the Tahsildar (2nd respondent) to issue a corrected legalheirship certificate deleting the name of the additional 4th respondent from Ext.P3 certificate, within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly.