Court holds that a mother remains a family member and legal heir even after her son’s marriage; authorities must follow due procedure under G.O. Ms. No.145 before deciding the application.
The Andhra Pradesh High Court has set aside an endorsement rejecting a mother’s request for a Family Member Certificate in respect of her deceased married son, holding that a mother is a family member and legal heir and cannot be denied the certificate merely because the son was married.
Justice B.S. Bhanumathi, hearing W.P. No. 14703 of 2026, ruled that the Tahsildar’s office acted illegally in rejecting the application of the petitioner, Mandula Khasim Bi, who sought the certificate after the death of her son, Mandula Moulali, a Police Constable who died by suicide on 01.06.2025.
According to the petitioner, she had applied through Meeseva for the Family Member Certificate to claim legal benefits arising from her son’s death. However, the application was rejected on the ground that after marriage, only the wife and children of the deceased could be treated as family members. The authorities also relied on pending family disputes and a divorce case that had later abated due to the son’s death.
The Court found this reasoning unsustainable. It observed that the petitioner, being the mother of the deceased government employee, is a legal heir and family member, and therefore entitled to apply for a Family Member Certificate. The Court clarified that the authorities cannot compel her to wait until the wife chooses to apply for such a certificate.
The judgment also emphasized that under G.O. Ms. No.145, Revenue (SER.II) Department, dated 25.04.2015, the Tahsildar must follow a prescribed procedure before issuing or rejecting a Family Member Certificate. This includes publication of a seven-day notice, conduct of enquiry, preparation of panchanama, and a reasoned decision within the stipulated time. The Court noted that the certificate is only a document recording the factual relationship between the deceased and the applicant, and is not a Legal Heir Certificate.
Justice B.S. Bhanumathi further held that if, upon enquiry, other eligible family members are found, their names may also be included in the certificate. However, the application cannot be rejected solely because the mother applied without the wife doing so.
Allowing the writ petition, the High Court quashed the endorsement dated 24.01.2026 and directed the respondent authority to follow the procedure under G.O. Ms. No.145 and issue the Family Member Certificate to the petitioner if she is found to be the mother of the deceased, along with the names of other family members, if any.
Bottom Line :
Family Member Certificate - Mother of deceased married son is also a family member and can apply for issuance of Family Member Certificate - Authority cannot reject application solely on ground that after marriage only wife and children can be treated as family members - Certificate may include other eligible family members after enquiry under G.O. Ms. No.145 dated 25.04.2015.
Statutory provision(s): Article 226 of the Constitution of India, G.O. Ms. No.145, Revenue (SER.II) Department, dated 25.04.2015
Mandula Khasim Bi v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2983416
