This Writ Petition allowed the petitioners who are the siblings of a deceased Mahomedan to direct the competent authority to issue a revised heirship certificate including their names as heirs.
Directed the competent authority to issue a revised heirship certificate showing the names of the deceased's sisters as heirs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
WP(C).No.20254 OF 2019(F)
PETITIONERS:
1 YAQOOB.P.P AGED 87 YEARS S/O.ALI, PUTHIYA PURAYIL, KAYARALAM P.O., KANNUR670602.
2 R.P.ASYA AGED 66 YEARS W/O.LATE HAMZA, PUTHIYA PURAYIL, KAYARALAM P.O, KANNUR - 670602
3 KAMAL.P.V, AGED 87 YEARS, S/O. ALI PUTHIYA PURAYIL, KAYARALAM P.O, KANNUR - 670602 4 MOHAMMEDKUNHI.P.P, AGED 73 YEARS, S/O.ALI, PUTHIYA PURAYIL, KAYARALAM P.O, KANNUR - 670602
6 NABEESA.P.P, AGED 62 YEARS, S/O.ALI, PUTHIYA PURAYIL, KAYARALAM P.O, KANNUR - 670602
RESPONDENTS:
1 THE TAHASILDAR, THALIPARAMBA, TALUK OFFICE, KANNUR-670141.
R1-2 BY ADV.SMT.VINITHA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20254 OF 2019(F)
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W.P.(C) No.20254 of 2019
J U D G M E N T
Petitioners 1, 3, 4 and 5 are the brothers of one P.P.Hamsa, who died on 2.10.2017 and petitioners 6 and 7 are his sisters. The second petitioner is the wife of late Hamsa. Hamsa died without issues. The first petitioner applied for the heirship certificate of Hamsa. On the said application, Ext.P2 heirship certificate has been granted by the competent authority. The case set out by the petitioners in the writ petition is that Ext.P2 heirship certificate does not show the particulars of all the heirs of the deceased. More precisely, the case of the petitioners is that the sisters of the deceased are also the heirs of the deceased and their names have not been shown in the heirship certificate. The petitioners, therefore, seek appropriate directions to the competent authority to issue a revised heirship certificate.
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WP(C).No.20254 OF 2019(F)
sharers, they would be residuaries if there are full brothers. Brothers are residuaries. In so far as the deceased had both brothers and sisters, they would become the heirs of the deceased, along with his wife. The case of the petitioners that the sisters of the deceased are also his heirs, to be shown in the heirship certificate is, therefore, to be accepted.
In the result, the writ petition is allowed and the competent authority among the respondents is directed to issue a revised heirship certificate in respect of the deceased showing the names of his sisters also as his heirs, after following the procedure afresh.
Sd/-
P.B.SURESH KUMAR
JUDGE
tgs
WP(C).No.20254 OF 2019(F)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE APPLICATION FOR LEGAL HEIR SHIP CERTIFICATE DATED 07.12.2017. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 19.7.2018. |
| EXHIBIT P3 | TRUE COPY OF THE REPRESENTATION DATED |
| 11.02.2019 BEFORE THE 1ST RESPONDENT. | |
| EXHIBIT P4 | TRUE COPY OF THE LETTER NO.G1.2232/19 ISSUED BY THE RESPONDENT DATED 27.02.2019. |
2 issues framed by the court
Whether there is lack of power for authorities to issue a revised heirship certificate
Whether sisters of a Mahomedan deceased are heirs entitled to be shown in the heirship certificate under Hanafi Law of Inheritance
YAQOOB.P.P
R.P.ASYA
KAMAL.P.V
MOHAMMEDKUNHI.P.P
MOOSAN.P.P
NABEESA.P.P
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
