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1 - 3 of 3 (0.18 seconds)Vishalakshi vs Bank Of India on 6 April, 2006
5. According to the petitioner, Ext.P1 partition deed would show
that Lakshmi Anandan was permanently residing at the address in
Thalassery Taluk and the 3rd respondent did not take into consideration
the said document while rejecting the application for legal heirship
certificate. The petitioner contends that the reasons stated in Ext.P5 for
rejecting the application for legal heirship certificate are erroneous and
unsustainable in law. She also relied on the decision of this Court
reported in Vishalakshi v. Bank of India [2006 (2) KLT 488] wherein
it has been held that, a Succession Certificate can be applied for only
in respect of debts and securities and cannot be granted in respect of
immovable property and therefore, the petitioner cannot be relegated
to Civil Court particularly when there is no dispute in between the
heirs.
K.Renuka vs The State Of Kerala on 18 September, 2019
In Renuka K.K. v State of Kerala and others [2018 (5)
KHC 601], this Court had occasion to consider the question as to
whether Legal Heirship Certificate can be issued to deal with an
immovable property. After referring to Clause 261 of the Kerala
Village Manual and G.O.(MS)No.359/67/RD dated 10.08.1967, this
Court held as under:-
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