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RAJA VIJAYARAGHAVAN V.
Bindu B. S. D/o Sarasamma – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. Aggrieved by the refusal on the part of the 6th respondent in declining to issue a legal heirship certificate to the petitioners, they have approached this Court with this Writ Petition.
2. Brief facts are as under:
3. When he was found missing for a week or so, the petitioners approached the Mananthala Police Station and lodged a complaint on 7.5.2011 based on which, Crime No. 158/2011 was registered under section 57 of the Kerala Police Act. Despite a proper investigation by the police, they were not able to trace out his whereabouts. Exhibit P2 is the certificate issued by the Circle Inspector of Police, wherein it is stated that no clues could be obtained about the whereabouts of the missing person.
4. Armed with Ext.P1 and P2, the petitioners approached the 2nd respondent seeking family pension and by Ext.P3 order dated 16.5.2015, the same was sanctioned.
5. The petitioners then approached the
Legal heir certificates cannot be issued by administrative authorities based solely on presumption; a judicial declaration of death is required under the law.
A legal heir certificate can be issued without a death certificate if a person has not been heard from for over seven years, invoking the presumption of death under Section 108 of the Indian Evidence....
A legal heir certificate for a missing person requires a court declaration after a seven-year absence, based on evidence of presumed death.
A civil court has inherent powers to grant a declaration of civil death, even in the absence of a specific provision in the Specific Relief Act, if the plaintiffs have satisfied the burden of proof u....
An investigation into the whereabouts of a missing person is necessary before granting a Legal Heirship Certificate.
Suit for declaration under Section 34 of the Specific Relief Act, though, being maintainable, the relief could not be granted as no notice under Section 80 (2) CPC was given to the defendants being t....
procedure for grant of heirship certificate shall be consistent, but the same shall not result in injustice to the parties
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