HIGH COURT OF KERALA
THANKAMMA – Appellant
Versus
THE STATE OF KERALA – Respondent
JUDGMENT
Petitioner and the fifth respondent are siblings. Their mother Kalikutty is no more. Kalikutty held an item of property. It is stated by the petitioner that the fifth respondent has raised a claim over the property held by Kalikutty on the premise that she had executed a will on 13.07.1970 in respect of the property in his favour. According to the petitioner, Kalikutty died on 28.02.1970 and the will relied on by the fifth respondent is a forged one. She has therefore, instituted a suit as O.S.No.541 of 2018 before the Munsiff's Court, Chalakkudy for enforcing her rights over the property. In the meanwhile, since the death of Kalikutty was not registered, the petitioner obtained Ext.P2 non-availability certificate in terms of Rule 13 of the Kerala Registration of Births and Deaths Rules, 1999 (the Rules) and preferred an application seeking orders under Section 13 (3) of the Registration of Births and Deaths Act, 1969 (the Act) before the fourth respondent for registration of the death of Kalikutty. While so, the fifth respondent also applied for non-availability certificate in respect of the death of Kalikutty before the third respondent. In the said application, the date
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