Heirs not residing in tahsildar’s jurisdiction can’t be ground to deny family tree: Karnataka High Court

In a significant ruling for families struggling to obtain survivor certificates, the Karnataka High Court has ruled that revenue authorities cannot deny issuance of these certificates solely based on the location of certain family members. The ruling quashes the December 27, 2021, decision of a sub-division tahsildar who rejected an application for a family tree certificate submitted by petitioner B.S. Abhinandan Kumar because some of his relatives did not reside within the tahsildar's jurisdiction.

Justice M.G.S. Kamal set aside the decision of both the tahsildar and the Assistant Commissioner, who had rejected the petitioner's appeal under the Karnataka Sakala Services Act, 2011. The court emphasized that the issuance of survivor family member certificates is largely driven by government circulars rather than a dedicated legislative framework.

While drawing from evidence provided by the deceased's legal heirs, the court noted that these certificates are used for various administrative purposes such as property transactions, claiming benefits, and partition suits.

The court clarified that such certificates are not equivalent to residential permits, as the place of residence of the ancestors prior to the death of the head of the family is the crucial factor. The court stated that if there are no objections or disputes during the local inspection by revenue authorities, denying the issuance of such certificates would be arbitrary. The court also directed the tahsildar to issue the certificate to the petitioner, who was required to follow the procedure outlined in a July 2026 circular.