FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years
Case: Rohini S.T. v. Tahsildar
Coram: Justice PB Suresh Kumar
Case No: WP(C) NO. 9657 OF 2021
Court Observation: “If the family cannot be found fault with for having not lodged the First Information Report, the denial of heirship certificate to the petitioner would be certainly arbitrary, so long as the competent authority does not affirm that the father of the petitioner is alive,”
“Of course, the procedure for grant of heirship certificate shall be consistent, but the same shall not result in injustice to the parties.”
“If the family cannot be found fault with for having not lodged the First Information Report, the denial of heirship certificate to the petitioner would be certainly arbitrary, so long as the competent authority does not affirm that the father of the petitioner is alive.”
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Keywords
Heirship, Kerala High Court, FIR, 7 Years, Heirship Certificate,
