Revenue authorities must conduct an inquiry and issue a Legal Heirship Certificate if there is no dispute between claimants, even in cases of multiple marriages, unless a legal conflict necessitates civil court intervention.

O R D E R

This Writ Petition is filed challenging the order of the first respondent dated

10.02.2022, in and by which, the claim of the petitioner claiming Legal Heirship Certificate, came to be rejected.

2. The case of the petitioner is that she is the first wife of late V.Kumar, who died intestate on 01.09.2021. Her husband has also married the petitioner's sister Sharadha. The deceased left behind the petitioner (first wife), one Manimegalai (daughter born through the petitioner), K.Manikandan (son born through the 2^nd wife) and K.Yasodha (daughter born through the 2^nd wife). According to the petitioner, after the demise of her husband, all the above persons became entitled to succeed to his estate as Class-I legal heirs and therefore, on 10.02.2022, the petitioner submitted an online application before the 1^st respondent Tahsildar seeking issuance of Legal Heirship Certificate. However, to her shock and surprise, the 1^st respondent rejected the petitioner's application vide impugned order dated 10.02.2022, solely on the ground that the deceased had two wives, based on the reports submitted by the respondents 2 and 3. Challenging the same, the petitioner is before this Court.

3. The learned counsel for the petitioner submits that the petitioner, being elder sister of Sharadha, has no objection for inclusion of her sister and her children as legal heirs of her husband late Mr.V.Kumar and further submitted that when there is no dispute or counter claim, the first respondent ought to conduct an enquiry and issue the Certificate and accordingly, he seeks for appropriate direction.

4. Per contra, learned Government Advocate appearing for the respondents submits that G.O.Ms.No.110 dated 13.03.2024 does not permit issuance of Class I legal heir certificate if the deceased has two wives and the course open to the petitioner is only to approach the Civil Court and seek for Class I legal heir certificate and rightly, the Tahsildar has rejected the application for issuance of legal heir certificate, which does not require any interference.

5. This Court considered the submissions advanced by the learned counsel appearing on either side and perused the materials available on record.

6. Before proceeding to analyze the legality and sustainability of the present petition, the whole case is predicated upon G.O.Ms.No.110 dated 13.03.2024, which pertains to the persons, who would fall within the ambit of class I legal heirs of a deceased person and for better appreciation, clause (b) of the said Government order, which is relevant is quoted hereunder :- “In case of death of re-married person, after the demise of legally wedded wife or after the divorce granted by competent Court or permissible under the Personal Law, concerned.

i. Children of the pre-deceased/legally divorced wife.

ii. Existing Spouse(s) of the deceased, (mention the names of the spouses, if more than one spouse, if permissible under relevant Personal Law)

iii. Children/Legally adopted Children of the deceased iv. Parents of the deceased”

7. From the above, it is evident that children of pre-deceased wife or legally divorced wife, existing spouses, if more than one spouse, permissible under relevant personal law, children/legally adopted children and parents of the deceased would fall within the ambit of class I legal heirs.

8. In the present case, it is even the case of the petitioner that the deceased, who is her husband, had married her younger sister, viz., one Sharadha, from whom the deceased had begotten two children viz., one Ms.Yasodha and Mr.Manikandan. The legal status of the children or the second wife is not disputed by the petitioner and the petitioner even conc