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Officially wedded 2nd Wife can only Claim Service benefits

Raj Kumar Makkad ,
  06 March 2010       Share Bookmark

Court :
Madras High court
Brief :
Family - Issuance of Legal Heir Certificate for purpose of getting service benefits of deceased Government servant-husband - Non-inclusion of Petitioner-second wife of deceased as legal heir - Challenge thereto - Rule 49 of the Tamil Nadu Family Pension Rules, 1978
Citation :
E. Padma v. The District Collector, The Executive Officer, Thenkanikottai Town Panchayat, The Tahsildar and Assistant Director of Local Fund Audits (Decided on 18.02.2010) MANU/TN/0150/2010
The Petitioner's contention that she is the widow of Late Errappan and covered by Rule 49 cannot be accepted. The question of a person being a widow will arise only if she is officially married wife of the deceased Government servant. As correctly set out in the circular order of the Government, the petitioner cannot be considered to a widow. In any event, the petitioner cannot compel the Tahsildar to include her name in the absence of any legal right on her favour. The order of the Tahsildar is based upon the Revenue Board instructions. The order of the Tahsildar granting Legal Heir certificate has very limited legal sanctity and it is not a final proof about the legal heirship of a person. If the petitioner claims that she is entitled to be declared as legal heir of Late Errappan, she should move the appropriate civil court for getting a succession certificate and no direction can be issued to the Tahsildar to include certain names or exclude certain names. Even in cases of inclusion of any particular name, in any subsequent proceedings for succession, the said certificate can be either ignored or declared to be invalid. Therefore, the petitioner's prayer for a direction to include her name in the Legal Heir certificate in the absence of any enforceable legal right on her part or any statutory obligation on the part of the third respondent, cannot be countenanced by this Court. Writ Petition dismissed

 
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Published in Family Law
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