The Court observed that while a Legal Heir Certificate lacks statutory sanctity, the Respondent's Relationship Certificate established the Petitioner and others as Class II heirs in the absence of Class I heirs, disposing of the petition without costs.
None. The petition was disposed of with observations facilitating reliance on the Relationship Certificate.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 19000 of 2019
Geeta P. Shah
... Petitioner
-vs-
The Tahsildar, Perambur-Puraswalkam Taluk, Chennai. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to receive the application seeking Legal Heir Certificate of Petitioner's deceased sister Anitha Shah, who died on 13.03.2017, conduct an enquiry and issue Legal Heir Certificate for Petitioner's deceased sister Anitha Shah, who died on 13.03.2017 by showing 1. R. Krishnakumar, 2. R.Chaturbhuj, 3. Geetha P. Shah (myself), 4. P. Preetesh Kumar and 5. Snehal (4 & 5 Children of pre-deceased brother Purushottamadass) as the class II legal heirs of deceased Anitha Shah, within a time limit that may be fixed by this Court.
For Petitioner : Mr. B. Harikrishnan
For Respondent : Mr. R. Venkatesh, Government Advocate.
O R D E R
The Writ Petition has been filed for a direction to the Respondent to receive the application seeking Legal Heir Certificate of the deceased sister of the Petitioner, viz., Anitha Shah, who died on 13.03.2017, and conduct an enquiry and issue Legal Heir Certificate for the Anitha Shah by showing R. Krishnakumar, R. Chaturbhuj, Geetha P. Shah, who are the siblings of the deceased and P. Preetesh Kumar and Snehal, who are the children of the pre-deceased brother of the deceased, as the class II legal heirs of the deceased Anitha Shah, within a time limit that may be fixed by this Court.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
The Tahsildar, Perambur-Puraswalkam Taluk, Chennai.
+1cc to Mr.B.Harikrishnan, Advocate Sr.93425 +1cc to the Government Pleader Sr.94098
W.P. No. 19000 of 2019
nr[co] srg 25/11/2019
1 issue framed by the court
Whether the Petitioner can rely on the Relationship Certificate issued by the Respondent to establish Class II heirs in the absence of Class I heirs.
Colour shows how this judgement treated each authority
Thirumurthy E. vs. Collector of ChennaiReferred¶16
(1998 WLR 347)
Geeta P. Shah
The Tahsildar, Perambur-Puraswalkam Taluk, Chennai
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
