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.