The court can suspend the effects of a legal heir certificate pending resolution of disputes regarding marital status and property rights.

ORDER

The present writ petition has been filed challenging the legal heir certificate issued by the second respondent on 23.12.2023 for the death of one Ravindran.

2. According to the learned Counsel appearing for the writ petitioner, she got married to the deceased Ravindran on 04.09.1994 and he passed away on 21.11.2023. The respondents 3 and 4, who are the mother and brother of the deceased, have managed to obtain legal heir certificate in their favour, excluding the writ petitioner. Therefore, the petitioner has preferred an appeal before the first respondent.

3. Before the appeal could be taken up by the first respondent, the respondents 3 and 4 have filed a suit in O.S.No.41 of 2024, before the District Munsif Court, Keeranur, Pudukottai District, claiming a declaration that the petitioner herein is not the legally wedded wife of the deceased Ravindran.

Citing the pendency of the civil suit, the respondents 3 and 4 herein have preferred W.P.(MD)No.21343 of 2024 to keep the enquiry before the first respondent in abeyance till the disposal of the civil suit.

4. This Court by an order dated 09.09.2024 had directed the first respondent to keep the enquiry proceedings in abeyance till the disposal of O.S.No.41 of 2024.

5. According to the learned Counsel appearing for the writ petitioner, relying upon the legal heir certificate, the respondents 3 and 4 started alienation of the properties and this has prompted the petitioner to file the present writ petition seeking to quash the legal heir certificate.

6. The learned Counsel appearing for the petitioner further submits that challenging the alienations made by the respondents 3 and 4, she had preferred O.S.No.208 of 2024, before the Additional District Court, Palani, and another suit in O.S.No.493 of 2024 before the First Additional District Court, Coimbatore. He further submits that by an order of this Court in O.S.No.41 of 2024, pending on the file of the District Munsif Court, Keeranur, has already been transferred to the First Additional District Court, Coimbatore, to be tried along with O.S.No.208 of 2024, pending on the file of the Additional District Court, Palani, may also be transferred to Coimbatore.

7. The learned Counsel appearing for the respondents 3 and 4 submits that he does not have any objection for transferring O.S.No.208 of 2024.

8. In view of the above said facts, this Court is inclined to pass the following orders:-

a) O.S.No.208 of 2024, pending on the file of the Additional District Court, Palani, is withdrawn and transferred to the file of the First Additional District Court, Coimbatore, to be tried along with O.S.No.493 of 2024, the trial Court is directed to dispose of the same without being influenced by any one of the observations made by this Court in this order.

b) The petitioner is at liberty to approach the First Additional District Court, Coimbatore, seeking interim orders with regard to the alienation of the property. In case, if any such application is filed, the same shall be disposed of on or before 30.04.2026;

and c) Till 30.04.2026, the legal heir certificate issued by the second respondent on 23.12.2023, shall be kept in abeyance.

9. With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.