K. INDIRA Vs. R. RANI

JUDGEMENT

(1.) This petition has been filed by the petitioners praying to grant Succession Certificate to the 1st petitioner under Sec. 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

(2.) The case of the petitioner is that the 1st petitioner is the legally wedded wife of Mr. R. Aravanan and the 2nd petitioner is the daughter of the said Mr. Aravanan. The marriage between the 1st petitioner and the said Mr. Aravanan was solemnized on 10/9/1986 at Thiruvavinankudi Adivaram, Palani. The 2nd petitioner was born on 18/6/1987. The petitioners along with the said Mr. Aravanan resided at Thiruvalluvar Nagar, Tiruvanmiyur, Chennai. The said Mr. R. Aravanan was working in the Hindu Religious Endowments Department as an Executive Officer at Arulmighu Gangadhareswarar Temple at Purasaiwakkam, Chennai and he retired on superannuation on 31/5/2010. Thereafter, he was receiving his pension till his death. The said Mr. R. Aravanan died on 18/8/2014 leaving behind his legal heirs to succeed his estate. During the life time of said Mr. R. Aravanan, the 1st respondent had intimacy with him and the same was objected by the 1st petitioner. After the demise of said Mr. Aravanan, the petitioners obtained Death Certificate and Legal Heir Certificate from Tahsildar, Velachery. The Birth Certificate of the 2nd petitioner reveals her father name is Mr. R. Aravanan. The respondents 1 and 2 are claiming falsely that they are the legal heirs of the deceased Mr. R. Aravanan and managed to secure a Legal Heir certificate from the Tahsildar, Mylapore and also obtained Patta to the lands of the deceased Mr. R. Aravanan. After knowing about the legal heir certificate issued by the Tahsildar, Mylapore, the petitioners sent a representation to the District Collector. The District Collector, after conducting an elaborate enquiry, passed an order dtd. 25/9/2015 cancelling both the legal heir certificates issued by the respective Tahsildars and advised the parties to seek succession certificate from the Civil Court. In the meanwhile, the 1st petitioner approached the HR and CE department officials for the payment of family pension and the pension proposals were processed in favour of the 1st respondent and also the 1st petitioner filed a Suit before the District Munsif Court, Thirumangalam in respect of the agricultural lands in O.S. No.127 of 2015 on the file of the District Munsif Court, Thirumangalam. As far as the family pension is concerned, she has to file a petition for succession certificate and therefore, she has approached this Court.

(3.) The respondent filed a counter stating that the 1st respondent is the legally wedded wife of the deceased Mr. R. Aravanan. Their marriage took place on 28/6/1984 at Chennai. The 2nd respondent was born to them on 5/11/1987. All the official and Government records stand jointly in the name of the respondent and the said Mr. R. Aravanan. The deceased Mr. Aravanan was working in the HR and CE department as an Executive Officer, Grade-I. Thereafter, he retired on superannuation. The family card was issued jointly in the names of the respondents and the said Mr. R. Aravanan. The Pension Payment Order was issued by the Accountant General in the name of the deceased and the 1st respondent, as spouse of the said Mr. R. Aravanan. The Pensioner Identity Card was also issued in favour of the 1st respondent and she was drawing pension of Rs.18,000.00. The family insurance was also availed and issued by the employer of the deceased Mr. R. Aravanan jointly in the name of the respondents. The name of the 1st respondent is shown as wife and the 2nd respondent is shown as daughter of the deceased Mr. R. Aravanan in the Star Health and Allied Insurance card issued by the Government of Tamil Nadu. The Voter ID card issued by the Election Commission of India in favour of the 1 st respondent mentions the deceased Mr. R. Aravanan as husband of the 1 st respondent. The said deceased Mr. R. Aravanan availed educational loan for his daughter, the 2nd respondent, from the Bank of Baroda, Sowcarpet Branch in the year 2009. He retired on 31/5/2010 and on his superannuation, a retirement function was held, in which, the 1st respondent was also participated.