Kerala High Court
Preetha M R vs State Of Kerala on 16 April, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:32488
WP(C) NO. 9822 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
WP(C) NO. 9822 OF 2025
PETITIONER:
PREETHA M R
AGED 37 YEARS
W/O SUJITH KUMAR PANCHAKSHARI KADAPPA,
MYNAGAPPALLY, KADAPPA MYNAGAPPALLY, KOLLAM,
KERALA, PIN - 690519
BY ADVS.
BHANU THILAK
S.R.PRASANTH
FATHIMA RINSHA T.P.
VISHNU.R
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TAHSILDAR
TALUK OFFICE, KUNNATHUR, SASTHAMCOTTA TEMPLE RD,
SASTHAMCOTTA KERALA, PIN - 690521
GOVERNMENT PLEADER SRI. B.S. SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 9822 OF 2025
2
C.S.DIAS,J.
====================
W.P.(C)No.9822 of 2025
------------------------------------ --
Dated this the 16th day of April, 2025
JUDGMENT
The writ petition is filed to quash Exts.P4 and P5
orders and direct the 2nd respondent to re-consider the
petitioner's application for legal heirship certificate.
2. The petitioner was married to Sujith Kumar
on 01.12.2010. Their marriage was registered on
7.2.2018 as per Ext.P1 certificate. On 28.03.2022,
Sujith Kumar died. At the time of his death, the
petitioner was pregnant with their child, who was born
on 24.10.2022 and named Meghanad S Jith . On the
application made by the petitioner, the 2 nd respondent
had issued Ext.P4 legal heirship certificate, certifying
that she and Gita.S,the mother of the deceased, are the
only legal heirs of Sujith Kumar. As Ext.P4 certificate
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was issued prior to the birth of the child, his name was
not included in the legal heirship certificate. After the
birth of the child, the petitioner made a formal
application to the 2nd respondent, to include the name of
the child also, as the legal heirs of the deceased.
However, by Ext.P5 communication, the 2 nd respondent
has rejected the petitioner's application. Ext.P5 order is
arbitrary and illegal. Under Section 20 of the Hindu
Succession Act, 1956, a child in the womb is also
entitled to inherit the property of the deceased.
Moreover, the child was born on 24.10.2022, after the
death of the deceased. It is undisputed that the child is
the son of the deceased. Therefore, the child is a legal
heir of the deceased and is legally entitled to be certified
as the legal heir of the deceased. Hence, the writ
petition.
3. Heard; the learned counsel for the petitioner
and the learned Government Pleader.
4. Ext.P1 marriage certificate proves that the
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WP(C) NO. 9822 OF 2025
petitioner was married to Sujith Kumar. Similarly,
Ext.P3 birth certificate shows that Meghanad S Jith was
born to the petitioner and late Sujith Kumar on
24.10.2022. Ext.P4 legal heirship certificate shows that
the deceased died on 28.03.2022 and his mother and the
petitioner are his legal heirs. It is after the issuance of
Ext.P4 certificate, that Meghanad S Jith was born. It is
not disputed by anyone that the child is not the legal
heir of Sujith Kumar. Therefore, I am satisfied and
convinced that the stand of the respondents is
unjustifiable and untenable. Hence, the writ petition is
only to be allowed, by directing the 2 nd respondent to
issue a legal heirship certificate in favour of the
petitioner, certifying that she, Gita S. and Meghanad S
Jith are the legal heirs of late Sujith Kumar.
In the aforesaid circumstances, I allow the writ
petition in the following manner:-
(i) Ext.P5 order is quashed.
(ii) The 2nd respondent is directed to issue a
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WP(C) NO. 9822 OF 2025
certificate, certifying that the petitioner, Gita. S. and
Meghanad S Jith are the legal heirs of Sujith Kumar.
(iii) The above exercise shall be carried within an
outer time limit of two months from the date of
production of a copy of this judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm/15/4/2025
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WP(C) NO. 9822 OF 2025
APPENDIX OF WP(C) 9822/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 07.02.2018 ISSUED UNDER THE KERALA
REGISTRATION OF MARRIAGE (COMMON) RULES
Exhibit P2 A TRUE COPY OF THE RATION CARD
Exhibit P3 A TRUE COPY OF THE BIRTH CERTIFICATE
DATED 03.11.2022 ISSUED BY THE
DEPARTMENT OF PANCHAYAT, URBAN AFFAIRS,
KOLLAM CORPORATION
Exhibit P4 A TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE ISSUED BY THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 2ND RESPONDENT DATED 10.01.2025
