Authority: High Court of Judicature at Madras
Order Date: 01-10-2026
Case Overview
- Petitioners: Sana Fathima (daughter of late Mohammed Ali), Saleena Begum (mother, natural guardian), and two minor brothers Mohammed Ghouse Arshad and Muhammed Adhil, represented by their mother.
- Original Petition (OP No.398 of 2025) sought a succession certificate in favour of Saleena Begum to collect debts, interest and dividends on securities listed in the schedule, for a net amount of Rs 20,00,000, with succession duty of Rs 25,000 paid on 25‑04‑2025.
- Because Sana Fathima was a minor (DOB 27‑04‑2008) at the time of filing, she was represented by her mother under the Civil Procedure Code. She attained majority on 27‑04‑2026 and filed applications A.No.4188 and A.No.4189 of 2026 to (i) record her majority and prosecute the original petition in her own name, and (ii) discharge her mother from guardianship.
- The applicant submitted an affidavit ratifying the pleadings made on her behalf and consenting to the discharge of the guardian. The court examined the Aadhar document (Aadhar No. 9721 7707 8384) confirming her age.
Final Outcome
- The court held that Sana Fathima attained majority on 27‑04‑2026 and is permitted to prosecute OP No.398/2025 in her own name and personal capacity.
- Saleena Begum is discharged as natural guardian of Sana Fathima.
- All pleadings previously made through the guardian are adopted, affirmed and ratified by Sana Fathima.
- The registry is directed to make consequential amendments in the cause title.
- No costs are awarded to either side.
Topics: Guardianship, Succession Certificate, Court Order