Syed Ali Fathima And 2 Others v. H.Syed Ibrahim
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 4259 of 2025 in O.P. No. 610 of 2024
1. Syed Ali Fathima and 2 others W/o.Jelalutheen, No.10/89, Narayanapillai Thottam, Dindigul 624 001.
2. J.Fakutten Ali Ahamedu S/o.Juinulttil, No.9, Narayana Pillai Thottam, Dindigul 624 001.
3. Aarifasulthana D/o.Jainaludeen, No.93/1, Naryanapillai thottam, Near Ethuga Pallivasal, Palani road, Dindigul Town & District.
..Applicant(s) Vs
1. H.Syed Ibrahim S/o. Late S.K.Habibullah Meeran, Syed House, Door No.1/540-1, Sathya Nagar, Chettinayakanpatti Bye pass road, Dindigul 624 004.
Petitioner Temporary Address Towerview Colony, Door No.424/5, P-Block, 6th Avenue, Anna Nagar East, Chennai 600 040.
2. H.Musthafa Meeran S/o. (late) S.K.Habibullah Meeran, Door Door No.1/540-1, Sathya Nagar, Chettinayakanpatti Bye pass road, Dindigul 624 004.
3. H.Syed Mohamed Nazeeb S/o.(late).S.K.HabibullahMeeran, Plot No.126B, 19th Street, Rahmath Nagar, Thiruchendur Road, Palayamkottai, Tirunelveli District.
..Respondent(s) PRAYER: To implead the Applicants herein as Respondent in the above O.P.No.610 of 2024.
For Applicant(s):
M/s. K.T.S.Sivakumar For Respondent(s):
Mr.K.J.S.Sivkumar.
ORDER
Heard.
2. The main O.P. has been filed by the petitioner, H. Syed Ibrahim, for grant of Succession Certificate to the petitioner with the power to collect the debts specified in the schedule hereto and the petition also seeks dispensation of notice to any other person.
3. The present application has been filed by the applicants seeking to implead themselves as party respondents in the said O.P. Their specific case is that their mother, H. Sheika Farhana, was one of the sisters of the deceased H. Syed Irphana; that Sheika Farhana died on 12.07.2016 leaving the applicants as her legal heirs; and that the branch of the said deceased sister has not been brought on record in the O.P. The applicants have shown Sheika Farhana as one of the children/legal heirs in the family line.
4. In the case on hand, the applicants claim through a sister of the deceased and assert a rival branch of heirship in a proceeding for Succession Certificate. Whether such claim will ultimately be sustained or not is a matter for consideration in the main O.P. Their impleadment would enable a fuller adjudication of the rival claims touching entitlement to the certificate and avoid further objection as to non-joinder.
5. Accordingly, this application is allowed. The applicants shall be impleaded as additional respondents in O.P.No.610 of 2024. Necessary amendment shall be carried out forthwith. It is made clear that this order does not decide the merits of the rival claims of heirship or entitlement, and all such questions are left open to be decided in the main Original Petition. No costs.
24-03-2026 AY
DR.A.D.MARIA CLETE, J.
AY A No. 4259 of 2025 24-03-2026