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2025 Supreme(Online)(Mad) 32736
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
KANAGAVALLI – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER, SALEM – Respondent
W.P.No.39920 of 2024
For the Appellants/Petitioners: Mr.A.G.Narasimhan
For the Respondents:Mr.R.Neelakandan Additional Advocate General- VIII, Mr.R.Murthi Government Advocate
The legal heirship certificate represents a relationship acknowledgment and does not adjudicate succession rights, as per applicable law.
Headnote:This judgment revolves around the issuance of a Writ of Certiorarified Mandamus concerning a legal heirship certificate, governed by G.O.(Ms.) No. 110 dated 13.03.2024. The petitioner contested the inclusion of her maternal grandmother in the certificate, citing separate residence. However, the court found that the legal heirship certificate serves as a relationship certificate and does not determine rights of succession. The decision ultimately upheld the inclusion as warranted by law. The court concluded that the writ petition cannot be upheld.
| Table of Content |
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| 1. writ petition filed for legal heirship matters. (Para 1) |
| 2. court's findings on legal heirship certification. (Para 2) |
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.39920 of 2024 KANAGAVALLI ... Petitioner Vs
1. THE REVENUE DIVISIONAL OFFICER, SALEM.
2. THE THASILDAR, SALEM WEST TALUK, SALEM DISTRICT. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call the records of impugned order passed by the first respondent vide his proceedings in O.Mu.No.3543/ 2024/A4 dated 15.11.2024 and set aside the same, subsequently direct the first respondent to remove the name of petitioner's maternal grandmother namely Chinnammal from the legal heir certificate vide Certificate No.TN -7202307271487 dated 30.07.2023 on the file of second respondent.
For Petitioner : Mr.A.G.Narasimhan For R1 & R2 : Mr.R.Neelakandan Additional Advocate General- VIII assisted by Mr.R.Murthi Government Advocate
ORDER
This writ petition is filed to call for the records relating to the impugned order passed by the first respondent in his proceedings in O.Mu.No.3543/2024/A4 dated 15.11.2024 and to set aside the same and subsequently, direct the first respondent to remove the name of the petitioner's maternal grandmother namely Chinnammal from the legal heir certificate vide Certificate No.TN -7202307271487 dated 30.07.2023.
2. The grievance, as mentioned in the affidavit filed in support of the writ petition, is that the petitioner's mother namely Shanthi died on 20.05.2021. While issuing the legal heriship certificate, the mother of the deceased and the petitioner's grandmother, Chinnammal was also included as the legal heir. It is the case of the petitioner that the said Chinnammal is residing separately along with her sons. Therefore, the petitioner has prayed for the removal of the Chinnammal's name from the legal heirship certificate. The legal heirship certificate includes all the names of the parents as per G.O.(Ms.) No. 110 dated 13.03.2024. As Chinnammal is the mother of Shanthi, her name will be there in the legal heriship certificate. Merely because she resides separately, her name cannot be removed in the legal heriship certificate. It is already decided that the Legal Heirship Certificate does not decide the rights of parties relating to sucession and in at best a relationship certificate. As such, the prayer made in the writ petition cannot be counternanced and the writ petitions stands dismissed. No costs.
