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2019 Supreme(Mad) 2741
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. RAVICHANDRABAABU, SENTHILKUMAR RAMAMOORTHY, JJ.
V. Selvakumar – Appellant
Versus
P. Kaliammal – Respondent
W.A. (MD) No. 535 of 2019, C.M.P. (MD) No. 4516 of 2019
Decided On : 08-08-2019
Advocate Appeared:
For the Appellant : Mr. P. Muthu Vijaya Pandian.
For the Respondents: Mr. Sadiq Raja, Mr. Pala Ramasamy, Mr. N. Shanmugaselvam.
Headnote:
Hindu Succession Act, 1956 - Section 15 - Claim of mother - property inherited by a female Hindu – Court writ petition was filed challenging legal certificate issued by writ petitioners deceased daughter writ petitioner consequently sought for a direction to said authority to include her name also as legal heir of her deceased daughter Writ Court allowed writ petition and directed first respondent to issue a fresh legal heir certificate by showing the appellant herein as well as writ petitioner as legal heirs of deceased - Writ Court gave such direction going by clause Court legal heirs referred to in Schedule Hindu Succession - This writ appeal is filed mainly by contending that relevant provision applicable and circumstances –Held, Provision of law would show that the property of a male Hindu dying intestate shall devolve according to the provisions of Chapter firstly upon heirs being relatives specified in class Schedule etc - Therefore class court referred to under Section 8 is referable only to general rules of succession in case of males and not respect of female to whom Section alone is applicable - Perusal of the schedule to Hindu Succession Act would also show that referable to Section where class heirs are shown including mother of the deceased -Writ Court going by the persons shown in class schedule which is undoubtedly referable to Section alone that too only in respect of male dying intestate has erroneously come to the conclusion that mother is also to be considered as legal heir of deceased daughter Here issue is not with regard to inheritance of any property of the deceased daughter and on other hand simple legal certificate sought for by husband of the deceased - Undoubtedly husband being the person shown in first place under clause he has been rightly shown as only legal heir in the absence of any children - As court have already pointed out that class court legal heirs shown in schedule is applicable only to male dying intestate same cannot be taken into consideration for considering claim of the mother in this case - Appeal allowed
JUDGMENT :
K. RAVICHANDRABAABU, J.
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order W.P. (MD) No. 22118 of 2018 dated 26.03.2019.
1. This writ appeal is filed challenging the order of the Writ Court made in W.P. (MD) No. 22118 of 2018, dated 26.03.2019.
2. The appellant is the second respondent before the Writ Court. The writ petition was filed challenging the legal heirship certificate issued by the Tahsildar, Theni Taluk, dated 25.09.2018, for the writ petitioner's deceased daughter, namely, Angayarkanni. The writ petitioner consequently sought for a direction to the said authority to include her name also as a legal heir of her deceased daughter. The Writ Court allowed the writ petition and directed the first respondent Tahsildar to issue a fresh legal heir certificate by showing the appellant herein as well as the writ petitioner as the legal heirs of the deceased Angayarkanni. The Writ Court gave such direction going by the clause I legal heirs referred to in the Schedule under Hindu Succession Act, 1956. This writ appeal is filed mainly by contending that the relevant provision applicable, under the facts and circumstances of the case, is only Section 15 of the Hindu Succession Act, 1956 and therefore, the Writ Court is not justified in relying upon clause I legal heirs shown in the schedule, which is referable to Section 8 of the Hindu Succession Act, 1956, which deals with a male dying intestate.
3. We heard both sides and perused the materials placed before this Court.
4. It is seen that the writ petitioner's daughter, by name, Angayarkanni died on 11.09.2018. She was married to the appellant herein. It is not in dispute that they had no children. After the death of the said Angayarkanni, the appellant herein as her husband obtained a legal heir certificate from the Tahsildar showing him alone as the legal heir. The writ petitioner being the mother of the deceased, thus questioned the said certificate by contending that she is also entitled to be shown as the legal heirs of the deceased daughter along with the appellant. Under the Hindu Succession Act, 1956, Section 15 deals with general rules of succession in the case of female Hindus, which reads as follows:-
“15. General rules of succession in the case of female Hindus:
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the mother and father.
(d) fourthly, upon the heirs of the father.
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1):
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father.
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.”
5. Perusal of the above said provision of law would show that the property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband, secondly, upon the heirs of the husband and thirdly, upon the mother and father etc. Therefore, it is evident that the mother of the deceased female is placed only in the third position, whereas the sons and daughters and husband of the deceased are placed in the first position. Thus, the order o
