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DEVAN RAMACHANDRAN
Suseela, W/o. Rajendran – Appellant
Versus
State of Kerala, Represented by Secretary, Revenue Department, Government Secretariat – Respondent
JUDGMENT :
The petitioners seek that competent among the respondents be directed to issue them a Legal Heirship Certificate because, the husband of the first among them – Sri. Rajendran, has been missing as early as from 20.06.2002. They say that Sri. Rajendran left home usually on the afore date, but never returned; and that, even though First Information Reports (FIR) were registered by their relatives, it do not bear any fruit. They say that, therefore, they are now entitled to obtain a Legal Heirship Certificate with respect to him and that the Authorities are obligated to grant it, without insisting on a “Man Missing Certificate”.
2. The afore submissions of Smt. T.O. Deepa – learned counsel for the petitioners, were answered by Smt. Vidya Kuriakose – learned Government Pleader, saying that as long as there is nothing concrete to establish that Sri. Rajendran is missing and that he is perhaps not alive, a Legal Heirship Certificate, as requested by the petitioners, cannot be granted. She explained that even though the petitioners say that an FIR was registered by their relatives, nothing has been placed on record; and that, as per her instructions, no such has been registered. S
An investigation into the whereabouts of a missing person is necessary before granting a Legal Heirship Certificate.
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....
The court emphasizes the necessity for the issuance of a legal heir certificate in cases of missing persons presumed dead.
Legal heir certificates cannot be issued by administrative authorities based solely on presumption; a judicial declaration of death is required under the law.
The court emphasized the importance of timely issuance of legal heirship certificates by authorities.
procedure for grant of heirship certificate shall be consistent, but the same shall not result in injustice to the parties
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