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CaseIQ

Jannath Beevi v. The Tahsildar

Madras High Court

Jun 15, 2022

Judgment

CaseIQ

Smart Summary (Beta)

Factual and Procedural Background

The petitioner, Jannath Beevi, filed a writ petition challenging the order dated 22.05.2022 issued by the Tahsildar of Purasawalkam Taluk. The challenged order rejected the petitioner's application to include her father-in-law, Mr. M. Abdul Rasheed, as one of the legal heirs in the legal heirship certificate for her deceased husband, Mr. A. Syed Ibrahim, who died intestate on 30.03.2018. The original legal heirship certificate issued on 13.07.2018 omitted the name of the father of the deceased erroneously. The petitioner contended that under Islamic Law of Inheritance, the deceased's father is a legal heir and sought a fresh legal heirship certificate including him. The Tahsildar rejected this application citing errors in the petitioner's application and based on field verification and document scrutiny. The petitioner challenged this rejection on the grounds of non-application of mind to Islamic inheritance law and violation of natural justice.

Legal Issues Presented

Whether the father of the deceased, Mr. M. Abdul Rasheed, is entitled to be included as a legal heir in the legal heirship certificate under Islamic Law of Inheritance.
Whether the impugned order rejecting the inclusion of the father as a legal heir was passed without proper application of mind and violated principles of natural justice by not granting an opportunity of hearing.

Arguments of the Parties

Petitioner's Arguments

The deceased died intestate leaving behind legal heirs as per Islamic Law of Inheritance, including the father.
The original legal heirship certificate erroneously omitted the father’s name.
The application to include the father as a legal heir was correctly made in accordance with Islamic law without any errors.
The impugned order failed to apply Islamic Law of Inheritance and rejected the application on erroneous grounds.
No opportunity of hearing was granted, violating principles of natural justice.

Respondent's Arguments

The application to include the father was rejected due to errors in the application as per field verification and document scrutiny (ration card, Aadhaar cards, death certificate).
The Tahsildar relied on recommendations by the Firka Revenue Inspector and HQDT.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court noted that the father of the deceased is a legal heir under Islamic Law of Inheritance. The impugned order rejecting the inclusion of the father was found to be a non-speaking order, passed without application of mind to the relevant law and without granting the petitioner an opportunity of hearing, thereby violating principles of natural justice. The Court emphasized that the impugned order did not address the petitioner's contentions and was based on alleged errors in the application without proper consideration of the Islamic law applicable. Consequently, the Court quashed the impugned order and remanded the matter back to the Tahsildar for fresh consideration on merits, directing that a fair hearing be granted to the petitioner and other legal heirs, and that the father's right as a legal heir under Islamic law be duly considered. The Court mandated the final order to be passed within three months from receipt of the judgment.

Holding and Implications

The impugned order dated 22.05.2022 is hereby quashed, and the matter is remanded back to the 1^st respondent for fresh consideration on merits and in accordance with law.

The Court’s decision directs the Tahsildar to grant a personal hearing to the petitioner and other legal heirs and to consider the father's entitlement as a legal heir under Islamic Law of Inheritance. The decision ensures adherence to principles of natural justice and correct application of Islamic inheritance law. No new precedent has been set; the ruling affects only the parties by requiring reconsideration of the application for legal heirship certificate.

Show all summary ...

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

and

W.M.P.No.14017 of 2022

Jannath Beevi ..Petitioner -Vs-

1. The Tahsildar, Purasawalkam Taluk, Office of the tahsildar of Purasawalkam, Periamet,

Chennai - 600 003.

2. M.Abdul Rasheed

3. S.Sajitha Banu

4. S.Kasif Ahamed ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for and examine the records of the 1^strespondent herein relating to the proceedings in application No.TN-720220519996 resulting in his order dated 22.05.2022 and to quash the same and consequently direct the 1^strespondent to issue a fresh legal heirship certificate entering therein the name of the petitioner and the names of the respondents 2 to 4 herein as the legal heris of the https://www.mhc.tnd.geovc.ien/ajusdiesd Mr.A.Syed Ibrahim.

For Petitioner : Mr.Mohammed Shafi For Respondent : Mr.K.H.Ravikumar, Government Advocate for r1

O R D E R

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. This writ petition has been filed challenging the order dated 22.05.2022 rejecting the petitioner's application seeking to include her father-in-law, Mr.M.Abdul Rasheed as one of the legal heirs in the legal heirship certificate for her deceased husband A.Syed Ibrahim, who died intestate on 30.03.2018. According to the petitioner, her husband A.Syed Ibrahim, died intestate on 30.03.2018 leaving behind the following legal heirs as per the Islamic Law of Inheritance

(a) Mr.M.Abdul Rasheed (father)

(b) Mrs.Jannath Beevi (petitioner's wife)

(d) Mr.S.Kasif Ahamed (son)

3. Earlier, on an application submitted by the petitioner seeking for legal heirship certificate for her deceased husband Mr.A.Syed Ibrahim, the legal heirship certificate came to be issued on 13.07.2018 bearing Certificate No.720180621613. In the said legal heirship certificate, the

name of the petitioner's father-in-law (Mr.M.Abdul Rasheed), who is the

father of the deceased was left out erroneously. Only in such circumstance, a fresh application was submitted by the petitioner seeking for issuance of legal heirship certificate to include the name of her father-in-law also as one of the legal heirs of her deceased husband Mr.A.Syed Ibrahim. The father is the legal heir of the deceased, who is his son, under the Muslim Law of Inheritance. However, according to the petitioner, by total non- application of mind to the Islamic Law of Inheritance, an application to include the petitioner's father-in-law as one of the legal heirs of the deceased Mr.A.Syed Ibrahim, has been rejected by stating the following reasons.

"Applicant requested to cancel the application as there was errors in application hence not recommended, based on Firka Revenue Inspector and HQDT recommendation field verification, enquiry and documents such as ration smart card, adhar card of all the legal heirs mentioned while applying for legal heir certificate and death certificate of the deceased."

4. According to the petitioner, only in accordance with Islamic Law of Inheritance, the list of legal heirs for the deceased were mentioned in the application and there are no errors in the said application.

5. However, as seen from the impugned order, the application submitted by the petitioner to include the name of her father-in-law as one of the legal heirs of the deceased has been rejected on the ground that there

were errors in the application submitted by the petitioner. As observed earlier, father of the deceased under the Islamic Law of Inheritance is also a legal heir. By total non-application of mind to the Islamic Law of Inheritance which is applicable to the petitioner, the impugned order rejecting the petitioner's application has been passed. No opportunity of hearing has also been granted to the petitioner in the impugned proceedings. Being a non-speaking order with regard to the contentions raised by the petitioner in this writ petition and being an order passed in violation of principles of natural justice, the impugned order has to be necessarily quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law in the light of the observation recorded by this Court in the earlier paragraph with regard to the right of father to be declared as the legal heir for his deceased son who is a muslim.

6. For the forgoing reasons, the impugned order dated 22.05.2022 passed by the 1^strespondent is hereby quashed and the matter is remanded back to the 1^strespondent for fresh consideration on merits and in accordance with law, after affording a fair hearing to the petitioner and other legal heirs of the deceased, including granting them the right of personal hearing and also by considering the fact that under the Islamic

Law of Inheritance, the father is also a legal heir of his deceased son. The

first respondent shall pass final orders within a period of three months from the date of receipt of a copy of this order.

7. With the aforesaid directions, the Writ petition is disposed of. No costs.

15.06.2022

Speaking/Non-speaking order Index: Yes/No

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