Timely application is essential for issuance of death certificates; practical difficulties arise in ascertaining dates of death for deceased individuals from many years ago.

ORDER :

(N. ANAND VENKATESH, J.)

All these writ petitions have been filed seeking for issuance of death certificate to the mother, grandmother, grandfather and paternal uncle of the petitioner, respectively.

2. The case of the petitioner is that her grandmother died in the year 1946, her grandfather died in the year 1951, her paternal uncle died in the year 1960 and her mother died in the year 1976. The petitioner was not having the death certificates of these persons and hence applications were submitted before the Revenue Divisional Officer seeking for death certificate. The Revenue Divisional Officer rejected the same on the ground that such death certificate was not applied within a period of one year from the date of their death. Aggrieved by the same, appeals were filed before the District Collector. The District Collector confirmed the orders of the Revenue Divisional Officer and rejected the appeals. Aggrieved by the same, these writ petitions have been filed before this Court.

3. The learned counsel for petitioner submitted that statements were collected by the Village Administrative Officer from the persons who were residing in the place and persons who knew the family and hence a decision could have been taken by the authority and the death certificate can be granted in these cases. The learned counsel for petitioner, in order to substantiate her submission, relied upon the order passed in W.P.No.7978 of 2025 dated 07.03.2025.

4. Per contra, the learned Government Advocate appearing on behalf of the respondents submitted that the respondents will not be able to ascertain the exact date of demise of various persons for whom the petitioner had sought for death certificate, since the death had taken place many years ago and it will be impossible for the respondents to fix their date of death for issuing the death certificate.

5. In the considered view of this Court, the petitioner is seeking for death certificates of the grandmother, who died in the year 1946, the grandfather, who died in the year 1951, the paternal uncle, who died in the year 1960 and the mother, who died in the year 1976. It is not known as to why the death certificate was not obtained during the relevant point of time. In any case, in the year 2020, it is almost impossible for the respondents to ascertain the exact date of death of those who died in the years 1946, 1951, etc.

6. The order that was relied upon by the learned counsel for petitioner will not apply to the facts of the present cases. That was an order which deals with issuance of legal heirship certificate. As has been held by this Court, the Tahsildar, who issues legal heirship certificate, actually satisfies the relationship between the parties after enquiring the persons who knew the family and were residing nearby. However, no one will remember the exact date of death of persons that took place in the years 1946, 1951 etc. Hence there is a practical difficulty on the part of the respondents to issue such death certificate.

7. In the light of the above discussion, this Court does not find any illegality in the proceedings of the respondents rejecting the applications submitted by the petitioner for death certificate. Ultimately, the petitioner is seeking for such death certificate in order to claim herself as the legal heir of the concerned deceased persons. The same can always be established before a Court of law if any proceedings are pending. If the petitioner applies for legal heirship certificate, such enquiry can be conducted by the concerned authority to ascertain the relationship of the petitioner with the concerned deceased person