Legal heirship is determined by personal law; administrative guidelines limit the issuance of legal heir certificates, and courts cannot expand the scope of delegated powers. Rights of predeceased siblings' children remain intact but not actionable through a legal heir certificate from the Tahsildar.

JUDGMENT :

S.M.SUBRAMANIAM, J.

Under assail is the order dated 25.11.2024 passed in the writ petition in W.P.No.34539 of 2024. The writ petitioner is the appellant before this Court.

2. The writ of mandamus was instituted to direct the respondents to consider the representation dated 02.10.2024 and issue legal heir certificate of deceased Ms.P.Radha D/o. Late Mr.Sankara Menon, who resided at Plot No.46, Govindasamy Nagar, 4^th Street, Madipakkam, Chennai – 600 091.

3. The Writ Court considered the ratio laid down by the Hon'ble Full Bench of this Court in the case of P.Venkatachalam vs. The Tahsildar, Kumarapalayam Taluk, Namakkal District , 2022 Live Law (Mad) 265. Pursuant to the Hon'ble Full Bench judgment, the Government of Tamil Nadu issued a G.O.Ms.No.478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022 and G.O.Ms.No.110, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 13.03.2024 framing guidelines for issuance of legal heirs certificates.

4. It is not in dispute that, as per Government orders and guidelines, in the event of death of an unmarried person, the Tahsildar is empowered to issue legal heir certificate by incorporating the names of parents and siblings (brothers and sisters) of the deceased. Pertinently, the Government order does not contemplate issuance of a legal heir certificate to the sons/daughters of predeceased siblings.

5. In view of the orders of the Government order issued pursuant to the Hon'ble Full Bench judgment of this Court, the Writ Court dismissed the writ petition by granting liberty to the petitioner to approach the Civil Court for securing necessary succession certificate.

6. Mr.K.Ravi Anantha Padmanabhan, the learned Senior Counsel appearing on behalf of the appellant would submit that the ratio laid down by the Hon'ble Full Bench has not been considered in a right perspective by the Government, while issuing the Government orders. When the brothers and sisters of the deceased are entitled for the legal heir certificate from the Tahsildar, the siblings of the brothers and sisters cannot be denied legal heir certificate, as they are legally entitled to inherit the property of the deceased.

7. It is contended that once legal heir certificate is granted to Class-II legal heirs, incorporating the siblings in the legal heir certificate cannot be denied. Therefore, the Writ Court has not considered the consequential implications of the spirit of the judgment. Thus, this Court has to be considered the said issue.

8. The learned Additional Government Pleader appearing on behalf of the 'State' would oppose by stating that Tahsildars are empowered to issue legal heir certificates only to the brothers and sisters of the deceased. Therefore, the legal heir certificate cannot be issued by the Tahsildars beyond the scope of the Government order issued in pursuance to the judgment of the Hon'ble Full Bench of this Court in the case of P.Venkatachalam cited supra.

9. Considered the rival submissions made on behalf of the parties to the lis on hand.

10. The Hon'ble Full Bench of this Court, while answering the reference issued the following orders:

“65. To sum up, our answers to the questions formulated in paragraph 10, (supra), are as under:

A. Legal heirship is a status governed by the respective personal law of parties through various statutes. The certificates issued by the Tahsildar amount to nothing more than a relatio