Dismissed

P.P.Devi v. the Village Officer

Kerala HC11 Jan 2022WP(C)/322/2022

Case brief

AI extract

What is this about?

In a Writ Petition, the Kerala High Court directed the Village Officer to transfer property registry based on a legal heirship certificate rather than insisting on probate of an unregistered Will, as no such requirement exists for Hindus.

What did the court decide?

Petitioner directed to produce a valid legal heirship certificate so the Village Officer can verify it and effect the transfer of registry without insisting on probate.

P.P.Devi Vs the Village Officer — Succession and Inheritance | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 322 OF 2022

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PETITIONER:

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P.P.DEVI, AGED 73 YEARS, W/O KOLANJADI KUNJU RAMAN,
PALAYADU, THALIPARAMB, KANNUR DISTRICT.

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BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
M.A.AHAMMAD SAHEER
RITHIK S.ANAND
P.B.MUHAMMED AJEESH

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RESPONDENTS:

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THE VILLAGE OFFICER
THALIPARAMBA VILLAGE, THALIPARAMBA,
KANNUR-670141.

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SMT. MABLE .C .KURIAN SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 322/22

JUDGMENT

The petitioner says that the property involved in this case

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was bequeathed in her favour by the brother-in-law through Ext.P1 Will, and that the same has come into operation since he passed away on 03.11.2021. She says that her deceased brother-

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in-law has no other legal heirs, other than her husband, since he was unmarried; but that when she approached the respondent – Village Officer, for transfer of Registry of the property in her favour and for permission to remit Land Tax thereon, the same has been rejected saying that the Will requires to be probated. She, therefore, prays that the respondent be directed to effect transfer of Registry of the property covered by Ext.P1 Will in her name without any further delay.

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The afore submissions of Sri.Sunil Nair Palakkat – learned counsel for the petitioner, were opposed by Smt.Mable C. Kurian – learned Senior Government Pleader, saying that the

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WPC 322/22

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respondent – Village Officer is incapacitated from verifying

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whether Ext.P1 is genuine or otherwise. She submitted that, therefore, if this Court is not inclined to order that Ext.P1 should be probated, then the petitioner may be directed to produce a valid legal heirship certificate, so that the respondent can then verify the same and take a final decision.

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When I consider the afore submissions, it is without

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doubt that the respondent – Village Officer is justified in not accepting Ext.P1 without further corroboration, since it is not registered. Therefore, as rightly suggested by the learned Senior Government Pleader, the petitioner must obtain a legal heirship certificate, so that the said Authority can then appreciate the manner in which Ext.P1 operates with respect to her request for transfer of Registry of the property.

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In fact, the learned counsel for the petitioner agreed

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that his client will produce a legal heirship certificate before the respondent for such purpose.

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WPC 322/22

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In the afore circumstances, I order this Writ Petition, leaving

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liberty to the petitioner to obtain and produce a valid legal heirship certificate with respect to her deceased brother-in-law before the respondent; and if this is done, said Authority will consider her application for transfer of Registry of the property covered by Ext.P1 Will and accede to it after making enquiries as are necessary, however, without insisting on the said Will to be probated, since there is no such provision as far as the Hindus are concerned.

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Sd/-

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RR

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DEVAN RAMACHANDRAN JUDGE

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WPC 322/22

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APPENDIX OF WP(C) 322/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE WILL DATED 13.10.2021
EXECUTED MR.KOLANJADI DAMODRAN.
Exhibit P2TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE TALIPARAMBA MUNICIPALITY
DATED 27.11.2021.
Exhibit P3TRUE COPY OF THE APPLICATION DATED
30.11.2021 SUBMITTED BEFORE THE VILLAGE
OFFICE BY THE PETITIONER.

P.P.Devi v. the Village Officer

Case brief

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P.P.Devi v. the Village Officer

Case brief

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