SUBRAMANIAN N R Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner's daughter-Uma Thyagarajan, expired on 30-10-2013. The same is evidenced by Ext. P-1. She is survived by her only daughter-Soorya Thyagarajan. After the demise of the petitioner's daughter, the granddaughter of the petitioner applied for a legal heirship certificate from the 2nd respondent. The 2nd respondent then issued Ext. P-2 legal heirship certificate, wherein the petitioner, who is the father of the deceased, is also shown as one of the legal heirs of the deceased Uma Thyagarajan. According to Sec. 15(1)(a) of the Hindu Succession Act, 1956, the petitioner is not a legal heir and intestate succession shall devolve on, firstly, upon the sons and daughters and the husband only. Thus, the petitioner does not claim any right in respect of the assets left by his daughter Uma Thyagarajan. But the 2nd respondent wrongly included the petitioner's name also in Ext. P-2 legal heirship certificate. However, since the name of the petitioner is also included in Ext. P-2 legal heirship certificate erroneously, as one of the legal heirs of late Uma Thyagarajan, the petitioner also has to approach different authorities for processing the application for disbursement of amount left by the deceased Uma Thyagarajan in favour of his daughter Soorya Thyagarajan, who is the sole legal heir under law. This is the grievance of the petitioner stated in the writ petition.

(2.) On instructions, the learned Government Pleader submits that as rightly stated in the writ petition, the petitioner is not the legal heir of the deceased Uma Thyagarajan as per Sec. 15(1)(a) of the Hindu Succession Act, when the legal heirs in the first entry are alive. Going by Sec. 15(1)(a) of the Hindu Succession Act, it could be seen that the property of a female Hindu dying intestate shall devolve according to the rules set out in Sec. 16 of the Hindu Succession Act and according to Sec. 16(1), among the heirs specified in sub-section (1) of Sec. 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. According to Sec. 15(1)(a) of the Hindu Succession Act the property shall devolve firstly upon the sons and daughters (including the children of any predeceased son or daughter) and the husband only. As contended by the petitioner and admitted by the learned Government Pleader, the father will not be a legal heir of a deceased Hindu female dying intestate. Therefore, I find that the inclusion of the petitioner's name is erroneous and liable to be corrected.

(3.) In the above view, the 2nd respondent is directed to issue a correct legal heirship certificate in accordance with Sec. 15(1)(a) of the Hindu Succession Act, after removing the name of the petitioner from the legal heirs, within a period of two months from today.