High Court asks tahsildar to cancel legal heir certificate
Justice C.V. Karthikeyan said only in the case of a deceased Hindu male, the names of his children, widow as well as mother could be included in the legal heir certificate.
[1/17, 08:21] Sekarreporter 1: ‘Parents of woman survived by children can’t be included’
Tahsildars cannot include the names of parents of a deceased Hindu woman in the legal heir certificate if the latter was survived by her children, the Madras High Court has ruled.
The court pointed out that the properties of a Hindu woman, dying intestate, shall devolve firstly upon her children (including children of any pre-deceased son or daughter).
[1/17, 08:21] Sekarreporter 1: Justice C.V. Karthikeyan said only in the case of a deceased Hindu male, the names of his children, widow as well as mother could be included in the legal heir certificate.
However, the procedure was a little different in the case of a deceased Hindu female if one goes by the provisions of the Hindu Succession Act of 1956.
He pointed out that Section 15(1) of the Act states that the property of a female Hindu, who died without executing a will, would devolve firstly upon her sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Secondly, it would devolve upon the heirs of the husband and only thirdly upon her parents.
Further, Section 15(2)(a) of the Act states that even properties inherited by a Hindu woman from her father or mother shall devolve firstly on her children or grandchildren (in case of a pre-deceased son or daughter).
Only if she had no children or grandchildren, those properties would devolve upon the heirs of the father of the deceased woman. Section 15(2)(b) goes on to explain that any property inherited by a Hindu woman from her husband or father-in-law would devolve, in the absence of any son or daughter (including the children of any pre deceased son or daughter), not upon the heirs referred to in 15(1), but upon the heirs of the husband.
Banda Venkata Ramanadha Krishna alias B.V.R. Krishna of Chennai filed a writ petition protesting against the inclusion of his mother-in-law’s name in the legal heir certificate issued by the Aminjikarai Taluk Tahsildar.
Accepting his submission, the judge directed the Tahsildar to cancel that certificate and issue a new one showing the daughter of the deceased and the petitioner as legal heirs of the deceased woman.
