Smt S. Sangeetha @ Thamilarasi 2. Master Abishek 3. Master Preenith Appellant nos. 2 and 3 Are Minors Rep. by Their Mother and Natural guardian, The first appellant herein. Appellant nos. 1 to 3 vs The Divisional Personnel Officer Divisional Office Personal Branch South Western Railways Bangalore - 560 023

N. Ananda

The learned trial Judge has rejected application for grant of Succession Certificate on the ground that marriage of deceased with first appellant had taken place during subsistence of first marriage of deceased with one Gauthami. It is not in dispute that deceased was an employee with respondent-Railways. The service benefits of deceased are payable to legal heirs of deceased.

Even if the finding of learned trial Judge that first appellant had married deceased during subsistence of his first marriage with Gauthami and marriage was void is accepted, appellants 2 and 3, being children born to deceased and first appellant due to such void marriage, are entitled to succeed to the estate of deceased as per Section 16 of the Hindu Marriage Act, 1955. Therefore, there was no impediment to the learned trial Judge to grant Succession Certificate in favour of appellants 2 and 3 represented by first appellant. In view of the above, I pass the following order.

i) The appeal is accepted.

ii) The impugned order is set aside.

iii) The learned trial Judge shall grant succession certificate in favour of appellants 2 and 3 represented by first appellant as prayed for in the application.