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Synopsis

The Madras High Court has ordered criminal prosecution against persons who hide important details in the application for issuance of legal heirship certificates, as well as government officials who aid them.

The bench of Justice S.M. Subramaniam has directed the Commissioner of Revenue Administration to issue a circular within five weeks instructing revenue officials to file police complaints whenever they find an incomplete legal heirship certificate application.

The order was passed in a writ petition filed by one M. Marannan who challenged an order passed by the Mettupalayam Tahsildar rejecting his request for issuance of a legal heirship certificate after his father Maranna Gowder's death.

The petitioner claimed that he was the only heir to the deceased but the revenue authorities conducted an inquiry and found that the deceased Maranna Gowder had four legal heirs i.e., his two sons and two daughters. 

The high court said, "Legal Heirship Certificate has got civil consequences. Legal heirs are inheriting the property of the deceased person. When the Legal Heirship Certificate involves civil consequences, the suppression of facts are to be viewed seriously, since such suppressions are infringing the rights of other legal heirs of the deceased person". 

It opined that when suppression of facts are leading to infringement of civil rights of some persons, the persons who are suppressing the facts are liable to be prosecuted under the criminal law.

"It is not as if a person can submit an application with false details and secure Legal Heirship Certificate so as to inherit the properties of the deceased persons," the court underscored.

Therefore the court ordered that the revenue authorities shall prosecute the offenders by registering a complaint under Section 200, CrPC.

"Since furnishing false information and suppression of facts for the purpose of securing Legal Heirship Certificate is an offence contemplated under the Indian Penal Code, the Revenue authorities, on identification of such false facts and suppression of facts in the applications for Legal Heirship Certificate, shall prosecute the offenders by registering a complaint before the competent Police authorities and by following due procedures," it said. 

Furthermore, court directed that in the event of failure on the part of the competent revenue authorities to prosecute the offenders under Criminal Law, the Commissioner of Revenue Administration / Competent Authority shall initiate appropriate disciplinary proceedings against such officials for dereliction of duty, lapses and negligence on their part. 

If any practices are abutment of to commit offences are identified then the Government officials are aso liable to be prosecuted under Criminal Law," the bench said.

Court ordered the matter to be listed “for reporting compliance” on June 14, 2024.

Case Title: M.Marannan v. The District Collector, Coimbatore and Others