FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court

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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,


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