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No Prohibition For Issuance Of Legal Heirship Certificate To Class-II Legal Heirs: Madras High Court
Upasana Sajeev
20 Jun 2022 9:28 PM IST
While allowing a petition filed by a woman for issuing a legal heir certificate for her deceased brother, the Madras High Court bench of Mr. Justice Abdul Quddhose reiterated that there was no bar to issuing a legal heir certificate to a class-II heir.The petitioner's brother D.Dhanapal died as a bachelor on 25.11.2017. The petitioner had submitted an application dated 05.03.2021 seeking...
While allowing a petition filed by a woman for issuing a legal heir certificate for her deceased brother, the Madras High Court bench of Mr. Justice Abdul Quddhose reiterated that there was no bar to issuing a legal heir certificate to a class-II heir.
The petitioner's brother D.Dhanapal died as a bachelor on 25.11.2017. The petitioner had submitted an application dated 05.03.2021 seeking for issuance of a legal heirship certificate for her deceased brother. She had filed the Death certificate of the deceased along with the other necessary documents. However, the same was still not considered by the respondent Tahsildar.
The court, seeing that the petitioner's application was still pending, opined that the application should be considered on merits after affording a fair hearing to the petitioner. The court stated as follows:
No prejudice would be caused to the respondent if the petitioner's application is considered on merits and in accordance with law after affording a fair hearing to the petitioner and other persons whom the respondent deems fit to enquire.
The court thus directed the respondent Tahsildar to consider the petitioner's application on merits and after affording her a fair hearing and after hearing any such other person that the respondent deems fit to inquire. The Tahsildar was also directed to pass the final orders within 12 weeks from the date of receipt of the order.
Case Title: D.Chandra v. The Tahsildar
Case No: W.P.No.11270 of 2021
Citation: 2022 LiveLaw (Mad) 260
Counsel for the Petitioner: Mrs.Nalini Chidambaram, Senior Counsel for Mrs.Uma
Counsel for the Respondent: Mr. SJ. Mohammed Sathik, Government Advocate
Click here to read/download the judgment
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