SHARMILA V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is seeking direction to the 2nd respondent to effect correction in Ext.P3 Legal Heirship Certificate, to the extent of removing the name of father of the deceased person from the list of legal heirs. Contention is that, as per provisions of the Hindu Succession Act 1956, father of the deceased person is not a legal heir, since the deceased person is survived by his mother and wife, according to Sec. 8 of the said Act. Learned counsel for the petitioner relies on a decision of this court in Subramanian v. District Collector [2015 (1) KLT 191], wherein this court directed the Tahsildar concerned to issue corrected Legal Heirship Certificate in accordance with provisions of the Act by removing the name of wrong persons included.

(2.) Heard; Government Pleader appearing on behalf of respondents 1 to 3. Considering the nature of relief proposed to be granted, issuance of notice to respondents 4 and 5 is not necessary. This court is of the opinion that the petitioner can be relegated to the 2nd respondent to seek appropriate correction in Ext.P3 Legal Heirship Certificate.

(3.) If the petitioner approaches the 2nd respondent with an application seeking correction of Ext.P3 certificate, the 2nd respondent shall consider the demand after affording an opportunity of personal hearing to the 4th respondent. If it is found that Ext.P3 is liable to be corrected, steps shall be taken for issuing corrected certificate, after complying with all the requisite procedural formalities.