R.BALAVENKATRAMAN Vs. T.L.NATARAJAN

JUDGEMENT

(1.) The Appellant has filed this Civil Miscellaneous Appeal against the fair and decreetal order of the Principal District Court at Coimbatore, dated 08.12.2009 in S.O.P.No.60 of 2006 by raising various grounds.

(2.) The learned counsel appearing for the appellant would submit that the learned District Judge has rejected the above said S.O.P on erroneous ground that the appellant has not made his stepbrothers and stepsisters as parties which is patently erroneous, manifestly unjust and liable to be reversed. He would also contend that as per Section 15(d) of the Hindu Succession Act, 1956 the property of a family Hindu Law dying intestate shall devolve in the absence of sons, daughters, husband, mother and father, upon the heirs of her father and as per Section 18 of Hindu Succession Act, 1956 heirs related to intestate by full blood shall be preferred as related by half blood, if the nature of the relationship is the same in every respect. Hence, he would submit that on death of his sister who was unmarried and issueless, the appellant becomes only the legal heir and his stepbrothers and stepsisters are not entitled to succeed the same.

(3.) The learned Judge, ought not have rejected the said petition seeking Succession Certificate on the ground of non-joinder of necessary parties (i.e.) step-brothers and step-sisters. The so-called brothers and sisters are stepbrothers and stepsisters born through the appellant's father's second wife. He would also further contend that the paternal uncle of the appellant who is the respondent herein has no legal right over the property in question and his contentions are vexatious and frivolous.