High CourtsSingle Bench(2024) 11 KL CK 0034

Nimmy Thomas vs Village Officer

High Court Of Kerala · Decided on 26 November 2024

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.19545 Of 2024

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Judgment

5 paragraphs · 193 words

Dr. Kauser Edappagath, J

1.

The petitioner seeks mutation of the property covered by a Will. The 1st respondent gave a letter to the petitioner to furnish the details of legal heirs of the legator. It is challenged in this writ petition.

2.

I have heard Sri. John Joseph, the learned counsel for the petitioner and Smt. Deepa V., the learned Government Pleader.

3.

This Court, recently in Babu v. State of Kerala (2024 KLT Online 2721) has issued guidelines to the Revenue Officers under the Transfer of Registry Rules as to how to deal with the application for mutation due to testamentary succession. In the said judgment, it is clearly stated that when an application is filed by the legatee on the basis of a Will, he has to furnish the name, address and details of the legal heirs. Hence, the petitioner shall furnish the name and details of the legal heirs of the legator to the 1st respondent. Thereafter, the 1st respondent shall follow the directions of this Court in Babu (supra) and dispose of the application for mutation in accordance with law.

The writ petition is disposed of as above.