Guidelines should be followed in the matter of issuing legal heir certificate.

The writ petitioner has filed W.P.No.33248 of 2007, challenging the order of the first respondent, District Collector, Kancheepuram dated 26.02.2007 and for direction against the first respondent to cancel the legal heir certificate dated 05.08.2001 issued by the second respondent, Tahsildar, Tambaram Taluk in favour of the third respondent, and W.P.No.33249 of 2007 challenging the legal heir certificate issued by the second respondent, Tahsildar, Tambaram Taluk in favour of the third respondent.

2. The petitioner is a Company incorporated under the Indian Companies Act,1913 and the management of the Company was vested with one George Alexander Chambers, who established the same. According to the petitioner Company, the said George Alexander Chambers has executed a Will converting his entire business into single limited liability, by sale of assets to the company the consideration being allotment of ordinary and preferential shares of the Company. After the death of the said George Alexander Chambers, certain legal proceedings were initiated and there was some compromise in the year 1965, which was recorded, by which the management of the petitioner Company was vested with the Directors, and thereafter, the Directors of the petitioner Company sold the entire shares to one Mr.Nagappa Chettiar and there was a reconstitution of Board of Directors with Nagappa Chettiar and his nominees, who took the petitioner Company along with its assets.

2(a). The Company represented by the said Nagappa Chettiar, who had absolute control over the movable and immovable properties, is stated to have mortgaged the assets of the Company to Central Bank of India for securing certain loan. Due to the non-payment of the amount, the Central Bank of India has filed a suit for recovery against the Company as well as its Directors in O.S.No.314 of 1980 on the file of Sub Judge, Chengalpattu. A compromise was entered in the said suit and a compromise decree was passed in the year 1981, by which the nominees of the Central Bank of India were inducted as Board of Directors of the Company.

2(b). For realisation of dues payable by the Company to the Bank, a public auction was conducted by the Central Bank of India in the year 1993, in which one M/s.V.K.K. Charities was declared as highest bidder. Being the highest bidder, the said M/s.V.K.K.Charities nominated the present management for purchase of the shares of the petitioner Company and after payment of entire sale consideration, the present management has taken over the petitioner Company. It was at that point of time, the third respondent claiming to be the legal heir of one Mrs.Ida L.Chambers, stated to be the third wife of George Alexander Chambers, initiated various proceedings.

2(c). On an application stated to have been made by the third respondent to the second respondent, Tahsildar, Tambaram Taluk on 03.08.2001, the second respondent has issued a legal heir certificate to the third respondent on 05.08.2001, stating that the third respondent is a sole surviving legal heir, as he is a only one grandson of Mrs.Ida L.Chambers, third wife of Late George Alexander Chambers.

2(d). According to the petitioner, the said legal heir certificate was obtained by the third respondent by producing various forged documents, including the death certificate of one K.H.Chambers, who is the biological father of the third respondent. It is the case of the petitioner Company that the third respondent has produced the forged death certificate of his father K.H.Chambers, as revealed by the letter of the Corporation of Chennai dated 06.07.2007, stating that the Corporation has not issued such death certificate. It is also stated in the death certificate as if Mrs.Ida L.Chambers is the mother of K.H.Chambers. According to the petitioner, the biological mother of K.H.Chambers is one Mrs.Ethel Mary Chambers, who is the first wife of Late George Alexander Chambers. It is the further case of the petitioner that the