SHEEBA, W/O.LATE SURESH, AGED 36 YEARS versus TAHSILDAR, TALUK OFFICE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SHEEBA, W/O.LATE SURESH, AGED 36 YEARS v. TAHSILDAR, TALUK OFFICE - WP(C) No. 20506 of 2006(N) [2007] RD-KL 3643 (19 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 20506 of 2006(N)

1. SHEEBA, W/O.LATE SURESH, AGED 36 YEARS,
... Petitioner

Vs

1. TAHSILDAR, TALUK OFFICE,
... Respondent

2. DISTRICT COLLECTOR,

3. RAVEENDRAN NAIR, AGED 62 ,

For Petitioner :SRI.J.S.AJITHKUMAR

For Respondent :SRI.D.AJITHKUMAR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :19/02/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J

W.P(C).No.20506 OF 2006

Dated this the 19th day of February, 2007

JUDGMENT

The petitioner is the widow and the third respondent is the father of deceased R.Suresh, who was employed with the Kerala State Electricity Board. The first respondent Tahsildar issued Ext.P3 heirship certificate showing the petitioner and the third respondent as heirs of late Suresh. This is under challenge by the widow. According to her, she is the only surviving class I heir of Suresh under the Hindu Succession Act, his mother having predeceased him. Learned counsel appearing for the third respondent contends that though the third respondent, the father of Suresh, is only a class II heir, Ext.P3 certificate cannot be found fault with because the Tahsildar was justified in including the father of the deceased also as an heir since the said person is an heir, at least a class II heir. So much so, Ext.P3 may be gospel truth. But the fact remains that priority in terms of the provisions of the Hindu Succession Act enjoins that class I heirs  WPC.20506/06 Page numbers will inherit in preference to class II heirs, while there would be equal distribution among class I heirs and in their absence, among the class II heirs. So much so, though the father is an heir in class II, since the petitioner, the widow, is admittedly alive, she alone will succeed to the testator of late Suresh. The right of parties to succession may be an issue for the civil courts to decide. But Ext.P3, as it stands, would only create confusion and lead to much undesired litigation. Under such circumstances, it is hereby directed that though Ext.P3 shows the third respondent as also a heir, it shall be treated as one issued recognising the petitioner as the sole heir at law, entitled to inherit the estate of late R.Suresh in preference to the third respondent, father. With this declaration, this writ petition is disposed of. THOTTATHIL B.RADHAKRISHNAN Judge kkb. 

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