The Kerala High Court has held that a person residing abroad or holding Overseas Citizen of India (OCI) status cannot be denied a legal heirship certificate merely because the applicant or deceased person had been living outside India.
Justice Bechu Kurian Thomas also held that the ₹5 lakh limit mentioned in the Kerala Village Manual cannot legally restrict the issuance of legal heirship certificates where there is no dispute regarding the heirs.
Background of the Case
The case was filed by Baby Kurian after his application for a legal heirship certificate concerning his deceased wife, Lissyamma Abraham, was rejected by the Revenue authorities. Lissyamma died on October 29, 2018, while the family was residing in the United States. Baby Kurian and Lissyamma had married on September 14, 1987, at St. John's Orthodox Church, Kooroppada, Kottayam, and had three daughters. The family membership certificate issued by the Kooroppada Village Officer on December 24, 2022, recorded the details of the family.
Baby Kurian and his family, including his deceased wife, were Overseas Citizens of India. After Lissyamma's death, Kurian applied to the Tahsildar, Kottayam Taluk, for a legal heirship certificate, stating that it was required for “Governmental and Banking purposes.” The Tahsildar rejected the application, stating that Lissyamma had been residing abroad for several years and that even her burial had taken place abroad, creating a practical difficulty in identifying her legal heirs.
Kurian challenged the rejection before the appellate authority, but the Revenue Divisional Officer also rejected the appeal, observing that the details of persons who had been residing abroad for years could not be properly discerned. The challenge did not succeed at the revisional stage either. Kurian thereafter approached the Kerala High Court under Article 226 of the Constitution, challenging the orders refusing to process his application for a legal heirship certificate.
Court's Observation
Justice Bechu Kurian Thomas found that the petitioner's residence in the United States and OCI status could not prevent him from applying for certificates before the competent Revenue authorities.
The Court referred to paragraph 213 of the Kerala Village Manual, which permits persons having roots in India, including those who have renounced Indian citizenship and obtained citizenship elsewhere, to apply for certificates before the concerned Village Officer or Tahsildar.
The Court further explained that a legal heirship certificate merely identifies the legal heirs and does not itself create ownership rights in property.
"A legal heirship certificate only identifies who the legal heirs of a deceased person are."
The judgment also noted a gap in the existing framework. The Village Manual is only a set of administrative guidelines and does not have statutory force. According to the Court, tying legal heirship to the value of property has no logical basis because a person's status as a legal heir does not change according to the value of the estate.
The Court also took note that the petitioner had already obtained a family membership certificate from the Village Officer, which recorded the family details. In these circumstances, the Court found the continued denial of the legal heirship certificate unjustified.
Decision
The Kerala High Court quashed the orders rejecting Baby Kurian's application and directed the Tahsildar to reconsider and process the application for a legal heirship certificate within three months.
The Court further declared that, until appropriate rules are framed by the State, Tahsildars may issue legal heirship certificates under paragraph 236 of the Kerala Village Manual irrespective of the value involved.
It also directed the State Government to consider enacting a proper legal provision governing the issuance of such certificates.
Case Details:
Case Title: Baby Kurian v. District Collector, Kottayam & Others
Case Number: W.P.(C) No. 659 of 2026
Judge: Justice Bechu Kurian Thomas
Decision Date: September 9, 2026
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