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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
LILLY.V.GEORGE – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)NO.43440 OF 2024
| Table of Content |
|---|
| 1. the petitioner challenged the tahsildar's rejection of their application. (Para 1) |
| 2. the government argued that overseas citizenship affects property inheritance applications. (Para 2 , 3) |
| 3. the court recognized the impossibility of issuing certificates given the circumstances. (Para 4) |
JUDGMENT
Dated this the 7th day of January, 2026 The challenge in this writ petition is against Ext.P6 by which the Tahsildar, Karthikappally rejected the application for Legalisation Certificate filed by the petitioner. The reason for rejection, as discernible from Ext.P6 is that the petitioner's husband, regarding management of whose property the Legalisation Certificate has filed, had died at Canada. The order also reveals that the deceased as well as the petitioner were residing in Canada for the past more than 30 years and are overseas citizens.
2. Learned Counsel for the petitioner contends that in the light of Ext.P4 Family Membership Certificate issued by the 6th respondent and the other documents produced, the Tahsildar ought to be directed to reconsider the application.
3. The learned Government Pleader submits that apart from the fact that the deceased and the applicant are overseas citizens, the Legalisation Certificate cannot be issued since the property regarding the management of which the application is submitted is worth more than Rs.5 lakhs. In support of the submission reference is made to Clause 236 of the Kerala Village Office Manual
4. As rightly observed in the impugned order, the application as well as the deceased being overseas citizens and the death having occurred in Canada. It will be difficult for the Tahsildar to conduct an enquiry for the purpose of issuing Legal Heirship Certificate. Moreover, there is no dispute to the fact that the Legal Heirship Certificate is sought for the purpose of succeeding to the properties owned by the deceased and that the properties are worth more than Rs.5 lakhs. In such circumstances, the appropriate remedy is for the petitioner to move the competent District Court seeking issuance of Succession Certificate.
The writ petition is hence closed, reserving the petitioner's right to move the competent court for issuance of Succession Certificate.
Sd/-
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