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2021 Supreme(Online)(MAD) 41814

HIGH COURT OF MADRAS
Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY
ESAKKIMUTHU.C – Appellant
Versus
THE THASILDAR – Respondent


ORDER

The petitioner assails an order dated 09.08.2021 by which his application for legal heirship certificate in respect of his deceased brother, Madaswamy, was rejected.

2.The petitioner states that his parents had two sons and three daughters.

His father died on 12.09.1997. His mother predeceased his father. Consequently, on the date of death of the petitioner's father, the five siblings, including the petitioner, were the legal heirs. His younger brother, Madaswamy, is said to have suffered from a liver ailment for several years. The petitioner states that he died on 05.05.2021 and relies upon the death certificate issued on 17.07.2021 in this connection. According to the petitioner, his brother married one Annakili, who passed away on 01.01.1993. The petitioner asserts that Madaswamy and Annakili did not have children. Consequently, upon the death of Madaswamy, the petitioner asserts that he and his sisters qualified as class II legal heirs under the Hindu Succession Act, 1956. Therefore, the impugned order is assailed.

3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the sole respondent. He submits that the Thasildar may be directed to reconsider the ma

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