THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.7028 of 2009 ORDER: The petitioner claims that she is the wife of late Yudha Raju S/o. Yesudas. While working as Superintendent in the office of the District Social Welfare Department, Yudha Raju died on 01.12.2008. The 5th respondent approached the Tahsildar, Kadapa, 4th respondent herein with a request to issue family members certificate. He in turn issued a certificate, dated 05.01.2009 to the effect that the 5th respondent is the wife of late Yudha Raju and P.Anitha and P.Vinod Babu are the daughter and son respectively of the 5th respondent and Yudha Raju. The petitioner challenges the same. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and the learned counsel for the 5th respondent. In addition to certifying that the 5th respondent is the wife of late Yudha Raju, 4th respondent stated that the 5th respondent is entitled to receive the various amounts payable on account of the death of Yudha Raju. Though the 4th respondent is competent to issue legal heir certificate or family members certificate, he does not have the power to decide the entitlement to receive any benefits flowing from the estate of the deceased persons. It is only when the application is filed under the provisions of the Indian Succession Act, that such a direction can be issued. Even now, the petitioner can approach the competent Civil Court with a prayer to grant succession to her, duly impleading the 5th respondent and her children by name Anitha and Vinod Babu. Therefore, the writ petition is disposed of, directing that- (a) the impugned proceedings dated 05.01.2009 shall be treated only as family members certificate and not a succession certificate; and (b) it shall be open to the petitioner to file a suit or O.P., for a declaration that she is the legal heir of late Yudha Raju and is entitled to receive the concerned benefits, duly impleading the 5th respondent herein in such proceedings. There shall be no order as to costs. _________ 30.04.2009 Note: Issue C.C. by 04.05.2009 (B/o) JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.7028 of 2009 Date: 30.04.2009 JSU