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HIGH COURT OF MADRAS
Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
G.MAGESHWARI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
Legal Heirship - Writ Petition - Various Provisions - This case addressed the cancellation of a legal heir certificate and the inclusion of an individual's name as a legitimate heir, considering contentious family law issues such as the effects of divorce proceedings and the rights of spouses.
Fact of the Case:
The petitioner sought the cancellation of a legal heir certificate issued in favor of the deceased's son, asserting her right as the late spouse of the deceased. A series of representations were made due to inaction from authorities after the death of the husband.
Issues: Whether the refusal to include the petitioner's name in the legal heir certificate was justified and whether the petitioner is entitled to be recognized as a legal heir.
Ratio Decidendi: The court reaffirmed the importance of recognizing legal heirship in accordance with the law, emphasizing the need for governmental authorities to act upon legitimate claims of heirs.
Final Decision: Writ Petition disposed of in favor of the petitioner with instructions for name inclusion.
This writ petition has been filed to consider the petitioner-s representations dated 14.10.2023 and 11.11.2023 and to direct respondents 1 to 3 to cancel the Legal Heir Certificate bearing reference TN7202308041869 dated 20.08.2023 and issue fresh legal heir certificate by including the petitioner-s name as a wife of late Nedumaran. 2. It is stated in the petition that the petitioner married one M.Nedumaran on 02.03.2015 after the demise of his first wife and due to the interference of the fourth respondent, who is the son of Nedumaran born through first wife, Nedumaran filed a petition for divorce and the petitioner filed a petition for restitution of conjugal rights and the petition filed for divorce was dismissed for default and petition for restitution of conjugal rights was decreed. The petitioner further states that E.P.No.114 of 2021 for execution of the decree and during the pendency of the E.P proceedings, the petitioner came to know that said Nedumaran died due to health issues on 15.07.2023. Hence, the petitioner sent a representation dated 06.10.2023 with all necessary documents to the police authorities for family pension. Since no action has been taken, W.P.No.30454 of 2023 was filed before this Court and the same was disposed of on 18.10.2023. The petitioner again sent representations dated 14.10.2023 and 11.11.2023 seeking to cancel the legal heir certificate issued in favour of the fourth respondent in which enquiry has been conducted, but so far no order has been passed. Hence, the present writ petition. 3. Heard Mr.B.Gopalakrishnan, learned counsel for petitioner and Mr.R.Neelakandan, learned Additional Advocate General appearing for the respondents 1 to 3. 4. The learned Additional Advocate General would submit that representation of the petitioner has been considered and Revenue Divisional Officer vide letter dated 07.05.2024 bearing reference Na.Ka.No.6902/2023/A4 has sent a communication to the Tahsildar to include the petitioner-s name in the legal heirship certificate. Recording the above said submission of the learned Additional Advocate General, this Writ Petition stands disposed of. No costs. 08.05.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No gpa/mrp To
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