This writ petition challenged the issuance of a legal heir certificate to a spouse alone, excluding siblings of an issueless Muslim deceased. The court held that authorities must hear all potential heirs before making a final decision and disposed of the petition by directing a merits-based hearing within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.1616 of 2021 and W.M.P.No.1832 of 2021
Iliaz Khan … Petitioner
Vs
1. The Tahsildar,
Gudiyattam Taluk,
Gudiyattam - 632 602,
Vellore District.
2. The Village Administrative Officer,
Gandhi Road, Gudiyattam Town - 632 602,
Vellore District.
3. Reshma Banu, W/o.Hatheem Khan ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus forbearing the respondents 1 and 2 herein from in any way issuing legal heir certificate to the third respondent herein as the only legal heirs of deceased P.A.Hatheem Khan without following Mohammadan Law and including the brothers and sisters as legal heirs of A.Hatheem Khan, S/o.P.A.Mahaboof Khan Sahib, No.17, Punganoor Amman Koil Street, Chunnambupet, Gudiyattam - 603 202, Vellore District as per Mohammadan Law.
For petitioner ... Mr.K.A.Ravindran For respondents 1 and 2 ... Mr.K.Parameshwaran Government Advocate For respondent-3 ... Served-No Appearance ORDER
This Writ Petition has been filed for a mandamus to forbear the respondents 1 and 2 from in any way issuing legal heir certificate to the third respondent herein as the only legal heir of the deceased P.A.Hatheem Khan without following the
Muslim Law of Inheritance, which enables the brothers and sisters also to become the legal heirs of P.A.Hatheem Khan, who died issueless.
P.A.Hatheem Khan are also heard before the first respondent passes any final orders in the application submitted by the third respondent seeking for issuance of legal heirship certificate for her deceased husband P.A.Hatheem Khan.
Sd/Assistant Registrar(CS IX)
srn
To
W.P. No.1616 of 2021
and W.M.P.No.1832 of 2021
AAB(CO)
CSR 12.03.2021
3 issues framed by the court
Whether the respondent authorities should issue a legal heir certificate to the wife of a deceased Muslim issueless individual excluding the deceased's brothers and sisters.
Whether the legal authorities must include the petitioner and other siblings as legal heirs when the deceased died issueless under Muslim Law of Inheritance.
Whether the writ petition for mandatory forbearance should be dismissed in favor of hearing all parties before issuing the final legal heir certificate.
1 provisions across 1 enactments
Iliaz Khan
The Tahsildar, Gudiyattam Taluk, Gudiyattam
The Village Administrative Officer, Gandhi Road, Gudiyattam Town
Reshma Banu
Abdul Qudhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
