Search Results Page

Search Results

1 - 6 of 6 (0.30 seconds)
Documents citing P. Venkatachalam vs The Tahsildar on 23 February, 2023

K.V.S.Subha vs The District Collector on 20 July, 2023

6.This Court finds some merit and force in the submissions of the learned counsel for the petitioner. Irrespective of the legal consequence or defect of the legal heir certificate, in the face of the judgment of this Court in P.Venkatachalam Vs. The Tahsildar and batch of cases reported in https://www.mhc.tn.gov.in/judis W.P.No.20898 of 2023 W.P.Nos.25247 of 2021 dated 17.06.2022 by the Full Bench of this Court, the fact remains that the legal heir certificate has its relevance in several transactions which a citizen may have with the State and its instrumentalities. The Full Court has held that a legal heir certificate may not be conclusive as to the legal status of any person as per the personal law governing the person and may be relevant only to establish the relationship. Therefore, it could have been appropriate if the Revenue Divisional Officer had considered this aspect on this perspective. What if the private respondents, the other heirs of late K.V.Subramaniam never choose to appear? Does it mean that the petitioner would never be entitled to a legal heir certificate? To grant or not to grant legal heir certificate should be decided by the authorities, and it is not a concession made by others. It may be that, failure of the private respondents to appear during enquiry by the R.D.O. may have caused difficulties for him to decide a certain aspect conclusively, but the absence does not imply that he can refuse to decide the issue. After all, irrespective of how he decides, his decision is still will not be conclusive in terms of the decision referred to above.
Madras High Court Cites 2 - Cited by 0 - N Seshasayee - Full Document

K.V.S.Subha vs The District Collector on 20 July, 2023

6.This Court finds some merit and force in the submissions of the learned counsel for the petitioner. Irrespective of the legal consequence or defect of the legal heir certificate, in the face of the judgment of this Court in P.Venkatachalam Vs. The Tahsildar and batch of cases reported in https://www.mhc.tn.gov.in/judis W.P.No.20898 of 2023 W.P.Nos.25247 of 2021 dated 17.06.2022 by the Full Bench of this Court, the fact remains that the legal heir certificate has its relevance in several transactions which a citizen may have with the State and its instrumentalities. The Full Court has held that a legal heir certificate may not be conclusive as to the legal status of any person as per the personal law governing the person and may be relevant only to establish the relationship. Therefore, it could have been appropriate if the Revenue Divisional Officer had considered this aspect on this perspective. What if the private respondents, the other heirs of late K.V.Subramaniam never choose to appear? Does it mean that the petitioner would never be entitled to a legal heir certificate? To grant or not to grant legal heir certificate should be decided by the authorities, and it is not a concession made by others. It may be that, failure of the private respondents to appear during enquiry by the R.D.O. may have caused difficulties for him to decide a certain aspect conclusively, but the absence does not imply that he can refuse to decide the issue. After all, irrespective of how he decides, his decision is still will not be conclusive in terms of the decision referred to above.
Madras High Court Cites 2 - Cited by 0 - N Seshasayee - Full Document

Ramasamy vs Vasantha

12. The learned Senior Counsel would also rely on the following Full Bench decision of this Court in the case of P.Venkatachalam Vs. The Tahsildar reported in 2022-4-L.W-page 1, (ii) Munnalal, minor and others Vs. Mst.Kashibai and others reported in AIR (34) 1947 Privy Council page 15 and (iii) Murugayee (Dead) rep. by her LR, Meenakshi vs. Suguna Sambandam and others reported in 2011 (5) CTC 83, in support of his arguments. He would further contend that the Will of the year 1978, can be presumed to be duly executed, not requiring examination of atleast one of the attesting witnesses to prove the Will and also for the procedure 6/15 https://www.mhc.tn.gov.in/judis S.A.No.789 of 2019 regarding legal heirship certificate, which has been clearly spelt out in the Full Bench decision has not been followed in the case on hand by the plaintiff.
Madras High Court Cites 8 - Cited by 0 - Full Document

R.Sobana vs The Tamil Nadu Generation And ... on 5 September, 2024

10. In the considered view of this Court, the legal heirship certificate mentions the name of the wife, son and the mother of the deceased. At the relevant point of time, the legal heirship certificate was issued only by showing the names of Class -1 heirs. This position was subsequently clarified by the Full bench of this Court in [Venkatachalam Vs. Tahsildar and others] reported in 2022 4 CTC Page 1 at Paragraph 65 of the order. Therefore, the legal heirship certificate that was given by the Tahsildar dated 07.06.2021 cannot be faulted and the respondent will have to necessarily act upon it.
Madras High Court Cites 2 - Cited by 0 - N A Venkatesh - Full Document
1