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Binil Wilson

High Court Of Kerala|05 November, 2014
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JUDGMENT / ORDER

The petitioner is the husband of deceased of Smt.Aruna. Aruna died on 5.11.2013 due to the injuries suffered by her in a motor vehicle accident. The petitioner has made an application before the 1st respondent for the issuance of legal heir ship certificate. As per Ext.P2, the father and mother of deceased Aruna are included as legal heirs. Legal heir ship certificate has to be issued by the Tahsildar after conducting an enquiry as per the personnel law that would apply. 2. Petitioner submits that there are no other legal heirs to late Smt.Aruna other than the petitioner and his child Master Bharath Krishna. Petitioner has made requests as per Exts.P3 and P4 before the Tahsildar for removing the names of the father and mother of late Aruna and to issue a fresh legal heirship certificate.
3. Considering the above facts, there shall be a direction to the Tahsildar to conduct an enquiry based on Exts.P3 and P4 and if W.P.(C).No.29047 of 2014 2 finds that the father and mother of deceased Aruna are not coming under the purview of legal heirs, Ext.P2 shall be recalled and fresh legal heirship certificate shall be issued to the petitioner. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Binil Wilson

Court

High Court Of Kerala

JudgmentDate
05 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • M R Venugopal Smt Dhanya
  • P Ashokan