Principles of natural justice, particularly audi alteram partem, require that a person listed as a legal heir must receive notice and opportunity of hearing before cancellation of a legal heirship certificate.

O R D E R

The writ petition has been filed challenging the order passed by the third respondent dated 07.05.2026, thereby cancelling the legal heirship certificate issued in favour of the petitioner on the instance of the fifth respondent herein.

2. The petitioner got married to one Sakkarai and gave birth to four children. Her father died on 12.12.1963, leaving behind the petitioner and seven other persons as his legal heirs. During his lifetime, he took care of his legal heirs. After his demise, all the legal heirs are in possession and enjoyment of the properties belonging to their father. In fact, on the basis of the legal heirship certificate, all the legal heirs had executed sale deeds in favour of third parties. While being so, the petitioner submitted an application in the year 2023 seeking the legal heirship certificate of the petitioner's father along with necessary documents. After conducting inquiry and verification of all relevant documents, the fourth respondent granted the legal heirship certificate of their father dated 03.04.2023 in favour of the legal heirs. While being so, the fifth respondent herein, who is the son of the petitioner's brother, filed a petition before the third respondent to cancel the legal heirship certificate dated 03.04.2023. It is further alleged that the petitioner is not a daughter of their father, Late Sannasi Samban. On receipt of the said application, the fifth respondent added the legal heirs except the petitioner. Thereafter, the third respondent without ordering any notice to the petitioner, who is one of the legal heirs as per the legal heirship certificate dated 03.04.2023 and without conducting proper inquiry, cancelled the legal heirship certificate dated 03.04.2023.

3. The only ground raised by the petitioner is that neither the petitioner was served with any notice nor she was given any opportunity of hearing before the third respondent while cancelling the legal heirship certificate dated

03.04.2023.

4. Mr.D.Gandhiraj, learned Special Government Pleader, on instructions, submitted that the petitioner was not added as a party in the cancellation of legal heirship certificate proceedings and as such, no notice was served on the petitioner.

5. On perusal of the legal heirship certificate dated 03.04.2023, it is seen that the petitioner is also one of the legal heirs of deceased Sannasi Samban. Therefore, the petitioner is a necessary party to be added in the legal heirship certificate proceedings and she must be heard and given an opportunity of hearing. Admittedly, the petitioner was not a party to the said proceedings and she was not served with any notice, nor she was given an opportunity of hearing. Therefore, on this sole ground, the order impugned in this writ petition is liable to be set aside.

6. Accordingly, the impugned order dated 07.05.2026 passed by the third respondent is hereby set aside. The third respondent is directed to add the petitioner as one of the parties in the application submitted by the fifth respondent to cancel the legal heirship certificate dated 03.04.2023, issue notice to the petitioner, give an opportunity of hearing and thereafter pass orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.