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2021 Supreme(Online)(MAD) 38106

HIGH COURT OF MADRAS
Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY
JANANI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


O R D E R

The petitioner challenges an order dated 18.01.2021 of the jurisdictional Tahsildar by which a request for issuance of a legal heirship certificate was refused.

2. The petitioner states that she was married to one Murali Sankar, son of Sankara Raman. Her husband died on 30.03.2019. At the time of death of the petitioner's husband, his mother had predeceased him. Consequently, the petitioner and her son were the only class-1 legal heirs in terms of the Hindu Succession Act, 1956.

3. The petitioner's mother-in-law, Rajam, died on 02.11.2015, and the petitioner's father-in-law, Sankara Raman, died on 09.12.2018. Even prior to his death, his mother, Anandavalli, died on 03.10.2010. At the time of death of the petitioner's father-in-law, the petitioner states that his son, namely, the petitioner's husband was the only class-1 legal heir.

Upon his death, the petitioner states that she and her son qualify as the legal heirs of Sankara Raman as per the Hindu Succession Act, 1956.

4. As regards the impugned order, the petitioner contends that such order is unsustainable because it cites only one reason for rejecting the request, namely, that the applicant is not a direct legal heir. B

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