Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY,THE26H DAY OF MAY20145TH JYAISHTA, 1936 WP(C).No. 22912 of 2013 ----------------------------------- PETITIONER(S): ---------------------- 1. JENATT JAIN FERNANDEZ, AGED38YEARS, W/O.LATE DOMINIC JENSON D'SILVA, OLIPARAMBIL HOUSE, MULAVUKAD PO, ERNAKULAM682504.
2. JUDSON D'SILVA , AGED13YEARS, S/O.LATE DOMINIC JENSON D'SILVA, OLIPARAMBIL HOUSE, MULAVUKAD PO, ERNAKULAM682504, MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN THE IST PETITIONER. BY ADVS.SRI.V.SANTHARAM SRI.ANTO THOMAS SRI.LAKSHMEESH.S.KAMATH SRI.P.S.SYAMKUTTAN RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICDE, ERNAKULAM, COCHIN6820\11.
2. THE SECRETARY, MULAVUKAD GRAMA PANCHAYAT, MULAVUKAD PO, ERNAKULAM682504.
3. THE VILLAGE OFFICER, MULAVUKAD VILLAGE, ERNAKULAM682504.
4. PHILOMINA D'SILVA, AGED72YEARS, W/O.JOSEPH D'SILVA, RESIDING AT OLIPARAMBIL HOUSE, NEAR CENTRAL JETTY, MULAVUKAD PO, ERNAKULAM682504. R1 & 3 BY SENIOR GOVERNMENT PLEADER SRI.SOJAN JAMES R2 BY ADVS. SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SMT.M.SANTHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2605-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 22912 of 2013 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE SETTLEMENT DEED NO.23432/2003 DATED165/2003 OF SRO, ERNAKULAM EXHIBIT P2 COPY OF THE LETTER NO.MC/30/RG/EKM/08.09 DATED226/2013 ISSUED BY THE REGIONAL MANAGER OF KERALA STATE WOMEN'S DEVELOPMENT CORPORATION LTD. EXHIBIT P3 COPY OF THE DEATH CERTIFICATE OF LATE DOMINIC JENSON D'SILVA ISSUED BY THE REGISTRAR OF BIRTHS ANDS DEATHS, CHALAKUDY MUNICIPALITY DATED171/2012 EXHIBIT P4 COPY OF THE LEGAL HEIRSHIP CERTIFICATE BEARING NO.K.DIS43572012/A5 DATED247/2012 EXHIBIT P5 COPY OF THE PROCEEDINGS OF THE ADDL.TAHSILDAR, KANAYANNUR TALUK DATED1312/2012 EXHIBIT P6 COPY OF THE TAX RECEIPT DATED62/2013 EXHIBIT P7 COPY OF THE POSSESSION CERTIFICATE BEARING NO.899/13 DATED143/2013 EXHIBIT P8 COPY OF THE APPLICATION PREFERRED BY THE IST PETITIONER BEFORE THE2D RESPONDENT DATED143/2013 EXHIBIT P9 COPY OF THE LETTER NO.A5 1433/13 DATED274/2013 ISSUED BY THE2D RESPONDENT EXHIBIT P10 COPY OF THE OBJECTION FILED BY THE4H RESPONDENT BEFORE THE2D RESPONDENT EXHIBIT P11 COPY OF THE APPLICATION DATED264/2013 PREFERRED BY THE IST PETITIONER BEFORE THE2D RESPONDENT EXHIBIT P12 COPY OF THE APPLICATION DATED16/2013 ALONG WITH THE POSTAL RECEIPT AND ACKNOWLEDGMENT CARD EXHIBIT P13 COPY OF THE LETTER NO.A8-2149/13 DATED235/2013 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ A.M. Shaffique, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W.P(C) No. 22912 of 2013 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 26th day of May, 2014.
JUDGMENT
Petitioners are legal heirs of one Dominic Jenson D'silva. The 4th respondent is the mother of late Dominic Jenson D'silva. When the petitioners applied for legal heirship certificate, the 1st respondent issued Ext. P4 showing the name of the 4th respondent also as a legal heir. The petitioners challenge the aforesaid certificate contending that under Section 33(a) of the Indian Succession Act, 1925, the wife and children alone are the legal heirs of the deceased who are following the religion of Christianity. Apparently, the aforesaid contention is correct.
2. Learned counsel for the 2nd respondent- Panchayat would submit that the 4th respondent is entered as a legal heir of the deceased in all records on account of the fact that the 4th respondent has a life interest in respect of the property, which is settled by the father of late Dominic Jenson D'silva.
3. The extent of the property is only 4.500 cents with a building thereon. If at all the 4th respondent has a life interest as evident from the settlement deed, still she cannot be stated to be a legal heir of the deceased in terms with the Succession Act. The 1st respondent was under obligation to verify the religion of the applicants, the deceased and to ascertain as to who are the actual legal heirs as per the succession laws in force. As already stated, since the parties are following religion of Christianity, Indian Succession Act applies to wife and children alone as legal heirs. Under these circumstances, I am of the view that Ext. P4 is liable to be corrected and this writ petition is disposed of as under: Ext. P4 is set aside. The 1st respondent is directed to delete the name of the 4th respondent from the list of legal heirs and issue fresh certificate to the petitioners after complying with the procedure prescribed. On issuance of a fresh legal heir certificate by the 1st respondent, the 2nd respondent Panchayat shall make necessary entries in the books available with them incorporating the name of the legal heirs of the deceased. A.M. Shaffique, Judge. Tds/