SIVARAMAN Vs. TAHSILDAR, THRISSUR TALUK OFFICE

JUDGEMENT

(1.) THE petitioner's contention is that for effecting mutation, a succession certificate or a legal heirshipship certificate is not required.

(2.) THE pleadings of the petitioner will show that mutation is sought for in respect of 9 and 1/4th cents of land in Sy. No.215/7 of Karamukku village. An extent of 17 and 1/4th cents of land originally belonged to one Kochunooli. She is the sister of the petitioner's mother Kunjiponni. She sold 3 cents to one Ravindran as per sale deed dated 18.2.1982 and another 5 cents to one Santhakumari as per sale deed dated 9.11.1994 and Exts.P2 and P3 are the copies of the sale deeds. Kochunooli remained unmarried and the petitioner's mother died before the death of Kochunooli. After her death, the property devolved on the children of her sister Kunjiponni, viz. the petitioner, one Leela, Janaki, Kalyani, Devaki and Sivaraman. It is stated that Janaki, Devaki, Leela and Kalyani had expired before the death of Kochunooli and their right devolved on their legal heirs. The said legal heirs have executed a registered release deed dated 10.5.2012 in favour of the petitioner releasing entire rights in respect of 9 1/4th cents of land. Accordingly he filed an application for transfer of registry.

(3.) IN the statement filed by the first respondent, it is mentioned that the Village Officer was informed that the legal heirship certificate will not be issued for the purposes related to land and the Village Officer has directed the petitioner to produce succession certificate for taking further action on the application for effecting mutation of land in the name of the petitioner. It is stated that it can be ascertained as to whether there are any successors of late Smt.Kochunooly in addition to the 12 persons who had executed the release deed in favour of the petitioner, who are having right over the piece of land owned by late Smt. Kochunooly.