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The Madras High Court has ruled that when a legal heir certificate is sought many years after death, the Tahsildar must determine the heirs through available documents, affidavits and local enquiry. In the absence of rival claims, the application cannot be rejected merely because every historical fact is no longer capable of verification.
The Supreme Court has held that a party who receives notice of mutation proceedings but deliberately fails to investigate the competing claim may be deemed to have constructive notice. Applying Article 137 of the Limitation Act, the Court dismissed a probate revocation application filed nearly nine years after such notice as hopelessly time-barred.
The Supreme Court disposed of the Aruna Sugars Higher School SLP after directing payment of a lump-sum ₹10 lakh towards interest within eight weeks. The Court clarified that the order would not affect any pending civil suit.
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