In Baby Kurian v. The District Collector, Kottayam [2026: KER:68475], the Kerala High Court observed that the purpose of a legal heirship certificate is to identify the legal heirs, and in non-disputed cases a legal heirship certificate must be issued by the Revenue Authorities as per the Village Manual, irrespective of the quantum involved.
Issue Certificate Without Considering the Amount Involved
Since a Legal Heirship Certificate declares the legal heirs, the High Court declared that the Tahsildars shall be entitled to issue legal heirship certificates under paragraph 236 of the Village Manual, irrespective of the quantum involved, until appropriate statutes are made by the State.
The Court added that a person’s status as a legal heir cannot change merely on account of the amount involved and therefore the prescription in paragraph 236 of the Village Manual, referring to a limit of Rupees Five Lakhs, has no legal basis and no rationale.
State to Consider Enacting a Law to Legalise the Certificate
The Court observed 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.
As there is a vacuum of supporting legal provisions, it is appropriate that the State considers the feasibility of enacting statutes in that regard.
