In Baby Kurian v. The District Collector, Kottayam [2026:KER:68475], the Kerala High Court observed that a legal heirship certificate only identifies the legal heirs, and that the prescription in paragraph 236 of the Village Manual, referring to a limit of Rupees Five Lakhs, has no legal basis and no rationale.
The Court added that a person’s status as a legal heir cannot change merely on account of the quantum involved.
When Not Disputed, Monetary Limit Need Not Be Considered
Therefore, in cases where there are no disputes, a legal heirship certificate must be issued by the Revenue Authorities as per the Village Manual, irrespective of the quantum involved.
The Court noted that the Kerala Land Revenue Manual is neither a statute nor a legal document, but only a set of guidelines that guides officers in the discharge of their multifarious duties.
State to Consider Enacting a Law to Legalise the Certificate
As there is a vacuum of supporting legal provisions, it is appropriate that the State considers the feasibility of enacting rules in that regard.
Until suitable rules are made, the High Court, invoking its power under Article 226 of the Constitution of India, issued directions to enable the Revenue Officers to issue legal heirship certificates.
Issue Certificate Without Considering the Quantum Involved
Since a legal heirship certificate only declares who the legal heirs are, the High Court declared that, until appropriate rules are made by the State, the Tahsildars shall be entitled to issue legal heirship certificates under paragraph 236 of the Village Manual, irrespective of the quantum involved.
The State Government was further directed to consider enacting a suitable provision to govern the issuance of such certificates, as the matter is of utmost importance to the people of Kerala.
