IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 11199 of 2011(Y) ---------------------------------- PETITIONER(S): -------------------- 1. RILY K.ABRAHAM, AGED 41 YEARS, W/O. LATE SUNNY SAMUEL, POOVANNUNIKKUNNATHIL, KAMPIYIL HOUSE, MANARCAD.P.O., KOTTAYAM - 686 019. 2. DIYA SUNNY, AGED 11 YEARES, D/O. LATE SUNNY SAMUEL, POOVANNUNIKKUNNATHIL, KAMPIYIL HOUSE, MANARCAD.P.O., KOTTAYAM.686 019(MINOR) REPRESENTED BY MOTHER AND NATURAL GUARDIAN RILY.K.ABRAHAM OF DO-DO- BY ADVS. SRI.K.K.JOHN SRI.BENNY CHERIAN RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE.P.O., KOTTAYAM-686002. * ADDL. R2 IMPLEADED 2. SMT. ANNAMMA, W/O. LATE SAMUEL, AGED 82 YEARS, POOVANNUNIKKUNNATHIL HOUSE, VAZHAMUTTOM EAST P.O., PATHANAMTHITTA - 689 646. * ADDL. R2 IMPLEADED AS PER ORDER IN I.A. NO.10468/2011 DATED 22/07/2011. BY GOVT. PLEADER SMT. SANGEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 11199/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER OF THE VICE CONSUL, CONSULATE GENERAL OF INDIA, JEDDAH, DATED JUNE 28, 2008. P2: COPY OF THE LETTER OF THE VICE CONSUL, CONSULATE GENERAL OF INDIA, JEDDAH, DATED 21/09/2010. P3: REPRESENTATION MADE BY THE PETITIONERS TO THE RESPONDENT DATED 13/10/2010. P4: COPY OF THE INDEMNITY BOND EXECUTED BY THE PETITIONERS IN FAVOUR OF THE RESPONDENT DATED 28/01/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 11199 OF 2011 ----------------------------------------------------- Dated this the 22nd day of November, 2011 J U D G M E N T Petitioners are the wife and daughter of late Sunny Samuel. 2. Sunny Samuel was employed in Jeddah in Saudi Arabia and in an accident occurred on 17.4.08 he died. It is stated that since the death occurred in an accident, his employer paid Rs.32,02,101/- as compensation due to the legal heirs. The compensation was received by the Vice Consul, Consulate General of India and by Ext.P2 letter a cheque for the said amount was forwarded to the District Collector, Kottayam for disbursing the same to the legal heirs of the deceased. 3. The petitioner thereupon appeared before the District Collector and submitted Ext.P3 application and Ext.P4 indemnity bond. However the amount was not disbursed and that made them file this writ petition W.P.(C) No. 11199 OF 2011 :2 : seeking a direction to the first respondent to disburse the compensation amount of Rs.32,02,101/-. 4. From the submissions made by the learned Government Pleader it appears that the Tahsildar, Kottayam had issued a legal heirship certificate, where, apart from the petitioners the mother of the deceased the additional respondent, was also included as a legal heir of the deceased. It was therefore that amount was not disbursed to the petitioners. 5. Succession, as in this case, is governed by the provisions of S.33 of the Indian Succession Act, 1925. This provision shows that in a case where deceased has lineal descendants, 1/3 of the property will go to the widow and the balance will go to the lineal descendants. From this it is obvious that in a case where the deceased has a wife and child, the mother is not entitled to any share in the property and the estate of the deceased will have to be W.P.(C) No. 11199 OF 2011 :3 : shared in the ratio of 1:2 between the wife and the child. In that view of the matter the compensation available with the first respondent will have to be disbursed to the petitioners. Thus the first respondent shall do on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE ul/-