THE HON'BLE MR JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No:2318 of 1997 ORDER: One Sri Gudala Apparao, the son of the appellant, husband of the first respondent and father of the second respondent died while in Government service. A sum of Rs.1,50,000/- was granted by the Government towards compensation. Dispute arose as to the right to receive that amount. The petitioner filed S.O.P.No.758 of 1997 in the Court of the District Judge, Visakhapatnam, under Section 372 of the Indian Succession Act with a prayer to grant succession certificate to enable her to receive that amount. According to her, the first respondent was divorced from Apparao during his lifetime and in a settlement, the second respondent, minor daughter, was given adequate amount. With this pleading she stated that she has got the legal right to receive the amount. Through its order dated 16.09.1997, the trial Court held that the appellant on the one hand and the second respondent on the other hand, are entitled for equal shares in the amount. The appellant feels aggrieved by the same. Heard Sri K.S.R. Murthy, learned counsel for the appellant. It is not in dispute that the second respondent is the minor daughter of late Apparao. She happens to be a class-I heir, along with the appellant. Though the first respondent was also entitled to share; on account of divorce, she cannot claim to be a legal heir. It is no doubt true that the first respondent also admitted that provision has been made for maintenance of the second respondent during the lifetime of Apprarao. That hardly makes any difference. The right of a minor under a statute cannot be contracted out by any one including the natural mother. The trial Court took the correct view of the matter and there are no merits in the appeal. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 17th September, 2009 Js.