ORDER

This writ petition has been filed challenging the impugned legal heirship certificate No.TN 7202209091617 issued by the 3rd respondent dated 20.09.2022 and a further direction to the 3rd respondent to issue a fresh legal heirship certificate, listing the proper heirs according to Section 33 of the Indian Succession Act 1925 within a time frame fixed by this Court.

2. The case of the petitioners is that the first petitioner is the wife of one A.Jaishankar and the petitioners 2 and 3 are the daughters of the said A.Jaishankar, who died on 02.09.2022 leaving behind the petitioners as his legal heirs. Death certificate of A.Jaishankar was also issued on 09.09.2022. When the petitioners applied for legal heirship certificate, the third respondent issued the impugned legal heirship certificate on 20.09.2022, wherein the petitioners and one Sheeba, who is the mother of A.Jaishankar, have been listed as legal heirs. The said Sheeba passed away on 04.12.2023.

3. It is the further case of the petitioners that as per Section 33 of the Hindu Succession Act, 1925, when a person of Christian faith dies intestate and leaves behind a widow, one third of his property shall devolve to his widow and remaining two thirds shall go to his lineal descendants. It is also their say that when a Christian intestate person dies leaving behind a widow, his mother has no right as legal heir of the deceased. The third respondent has erred in listing Sheeba as a legal heir in the certificate. Hence, the petitioners came before this Court to set aside the impugned legal heirship certificate and to issue a fresh legal heirship certificate.

4. The learned counsel appearing for the petitioners submits that the first petitioner, wife of the deceased is entitled for 1/3rd share and the petitioners 2 and 3, who are the daughters, are entitled for 1/3rd share each. The deceased Sheeba, who is the mother of the deceased is not entitled for any share as per the Hindu Succession Act, 1925.

5. The learned Additional Government Pleader appearing for the respondents also concedes that the respondents have erroneously issued the legal heirship certificate.

6. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents.

7. As per Section 33 of the Indian Succession Act, 1925, the widow and lineal descendants succeed to the estate of the deceased Christian male. This Court had an occasion to deal with the similar issue in A.Justin Mary vs. The District Collector, Nagercoil, Kanyakumari District and Others in WP(MD)No.19154 of 2021 dated 01.11.2021 and also in the case of Agnes @ Karpaga Devi vs Pauline @ Pauline Iruthaya Mary reported in 2023 (6) CTC

830.

8. Considering the facts and circumstances of this case, this Court is of the considered view that the impugned legal heirship certificate issued by the third respondent in TN 7202209091617 dated 20.09.2022 is liable to be quashed and accordingly, the impugned order passed by the third respondent in TN 7202209091617 dated 20.09.2022 is set aside. The respondents are directed to issue legal heirship certificate mentioning only the names of the widow and the children of the deceased Jaishankar, as the petitioners succeed to the estate of the deceased Jaishankar, within a period of four weeks from the date of receipt of a copy of this order.

9. With the above directions, this writ petition is allowed accordingly.

No costs.

11.01.2024 NCC : Yes/No (2/2)

Index : Yes/No Internet:Yes/No sm TO:-

1.The District Collector, O/o. The District Collector, Tiruchirappalli District, Tamil Nadu.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tiruchirappalli Division, Tiruchirappalli. 3.The Tahsildar, O/o. The Tahsildar, Tiruchirappalli East Taluk, Tiruchirappalli.

V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.677 of 2024 (2/2)

Dated:

11.01.2024