The necessity for a death certificate in legal heirship certificate applications can be deemed flexible, accommodating alternative forms of evidence, especially under compassionate circumstances.

JUDGMENT

Dated this the 24th day of September 2020 The petitioner who is a Senior Citizen is aggrieved by Ext.P14 letter of the Tahsildar by which petitioner's Power of Attorney holder is informed that her application for legal heirship certificate can be processed further only on receipt of death certificate of her son and also the documents relating to residence.

2. The petitioner's son Pradeep Panicker died on

29.01.2019 at California. Petitioner submits that she is the only legal heir of her deceased son, in Class-I in the Schedule of the Hindu Succession Act . She requires a legal heirship certificate for producing before the Cherthala Municipality. It is stated that a commercial building is constructed in the property in Cherthala Municipality which was originally in the name of her deceased husband. It is stated that on the death of her husband it devolved on her and on her three children including deceased Pradeep Panicker. Municipality had insisted production of legal heirship certificate in respect of her son when petitioner approached it for getting the door numbers in the building split up. It is stated that on the basis of Ext.P10 judgment the petitioner could get the same done; but the legal heirship certificate is to be produced for further proceedings as required by the Cherthala Municipality. It is stated that late Pradeep Panicker was in California for the last 35 years ever since he went there for his studies and later got employed. It is stated that he is unmarried and he has not performed any marriage under any of the Indian Laws and that he died issueless. It is also her claim that the funeral rites were performed at her Tharavadu house. Producing Ext.P7 Cremation Certificate dated 02.04.2019, the petitioner had submitted Ext P8 application for legal heirship certificate before the 1st respondent on 14.06.2020. As per Ext.P10 letter the 1st respondent directed the petitioner to produce the Death Certificate of her son and proof of residence in the village through the village officer. Petitioner thereupon submitted Ext. P12 representation furnishing the details of her properties in Cherthala, the details of her relatives, in Thanneermukkam village stating that she has been residing with her daughter because of old age. But the 1st respondent as per Ext.P14 informed her that further proceedings can be taken only on production of the documents called for. Petitioner points out that she is not in a position to collect a death certificate of her son. The cremation certificate is already produced before the respondents.

3. The 1st respondent has filed a statement, according to which the death certificate and proof for residence are necessary for taking a decision on the application for legal heirship certificate and the petitioner has not produced the same even after communications were issued to her twice. According to the Tahsildar the legal heirship certificate can be issued only on production of death Certificate and proof of residence of the deceased as well as that of petitioner.

4. Heard both sides. Petitioner has produced the tax receipts and Exts.P17 and P18 Lease Deeds in respect of the properties in Cherthala. But the Tahsildar is not satisfied with the same stating that petitioner or the deceased are not residents of Cherthala. As pointed out by the learned Counsel for the petitioner Ext.P3 Possession Certificate issued in the name of the petitioner by the very same Tahsildar would show that she had been in possession and enjoyment of the property referred to therein. The building for which she requires the legal heirship certificate is also in the very same area under the Tahsildar. Tahsildar cannot be right in insisting that only a person who continuously resides in a Taluk under him alone can be given legal heirship certificate or including that she is not a resident of Cherthala.

5. Petitioner submits that on receipt of Ext.P7 Cremation Certificate along with the urn with the mortal remains from Cal