P. S. AMIRTHAVALLI Vs. DISTRICT COLLECTOR, CHENGALPET DISTRICT

JUDGEMENT

(1.) This writ petition is filed for a mandamus, directing the second respondent to conduct an enquiry on the basis of the representation dated 19.10.2020 given by the petitioner and to issue Legal Heirship Certificate for the death of Mrs.Malini, W/o. P.S.Devanadhan.

(2.) The petitioner is an octogenarian. Her son, namely, P.S.Devanathan was married to one Malini and they had a daughter by name Ramya. The said P.S.Devanathan, Malini and their daughter, Ramya died in a road accident on 21.11.2018. After the death of the son, as a sole surviving Class-I legal heir, the petitioner, who is the mother, applied for legal heirship certificate. After due enquiry, the legal heirship certificate was issued by the Tahsildar, Mambalam Taluk on 29.01.2019. The daughter-in-law of the petitioner, Malini was working in the Atomic Energy Education Society and she was also having a residential house at Kalpakkam. As per Section 15 of the Hindu Succession Act, 1956, in the absence of son, daughter or husband to a female Hindu, the heirs of the husband are the legal heirs.

(3.) It will be appropriate to extract Section 15 of the Hindu Succession Act, 1956 for better understanding. Section 15(1) in The Hindu Succession Act, 1956