RENUKA K . K . Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, claiming to be the only legal heir, applied for a Legal Heir-ship Certificate of her deceased mother Kousalya from the Tahsildar, Mukundapuram Taluk. The petitioner in fact succeeded to an immovable property in the name of her mother situated in Puthuvype. The application for legal heir-ship certificate was necessitated, to deal with the said immovable property.

(2.) The father and mother of the petitioner were originally residing in Puthuvype. The petitioner's father expired on 29.11.2001, as is evidenced from Ext.P2 Death Certificate. The petitioner's mother then joined the petitioner and was residing within the limits of Chalakkudy Municipality. The petitioner's mother expired on 11.10.2012, which is evidenced by Ext.P3 Death Certificate. The petitioner hence applied for a Legal Heir-ship Certificate as per Ext.P4. The purpose as indicated by the petitioner was to dispose of the property, remaining in the name of her mother.

(3.) The Tahsildar, Mukundapuram Taluk, by Ext.P5, sought a clarification from the Tahsildar, Taluk Office, Kochi as to the legal heirs of Kousalya, the mother of the petitioner. The Tahsildar, Kochi transmitted the same to the Village Officer, Puthuvype, who responded with Ext.P6. The Village Officer, Puthuvype after conducting an enquiry, categorically reported that the petitioner was the only legal heir of the deceased Kousalya. Ext.P7 was the communication of the Tahsildar, Kochi to the Tahsildar, Mukundapuram relying on the report at Ext.P6. However the Tahsildar, Mukundapuram by Ext.P8 declined the Legal Heir-ship Certificate for reason of the purpose having been shown as dealing with immovable property.