Case Note & Summary
The case involves a property dispute among siblings. The plaintiffs, daughters of Umar Khan, filed a suit seeking partition and declaration that alienations made by their brothers (defendants) were illegal. The suit property, Gut No. 152, was originally owned by their grandfather Jugan Khan, who died before the Hindu Succession Act came into force. After Jugan Khan's death, his son Umar Khan inherited the property. Umar Khan died intestate in 2011. The plaintiffs alleged that during his lifetime, Umar Khan handed over the property to defendants for cultivation, but defendants illegally recorded their names via a partition deed in 1985 and sold portions to third parties. The trial court dismissed the suit, holding that the property was not ancestral under Muslim law and that the plaintiffs had no right to challenge the alienations. The first appellate court affirmed the decree. In second appeal, the High Court found no substantial question of law, as the concurrent findings were based on evidence and Muslim personal law. The appeal was dismissed.
Headnote
A) Muslim Law - Inheritance - Ancestral Property - Plaintiffs claimed suit property was ancestral and that defendants' alienations were illegal - Court held that under Muslim personal law, property inherited from father is not ancestral but self-acquired, and daughters have no right to challenge alienations made by father during his lifetime - Held that concurrent findings of fact cannot be interfered with in second appeal (Paras 1-10).
Issue of Consideration
Whether the suit property was ancestral and whether the defendants' alienations were illegal, and whether the second appeal raises any substantial question of law.
Final Decision
Second Appeal dismissed. No substantial question of law. Concurrent findings upheld.
Law Points
- Muslim personal law
- inheritance
- ancestral property
- partition deed
- mutation entry
- subsequent purchaser
- limitation
- adverse possession
- concurrent findings of fact
- second appeal under Section 100 CPC
Case Details
Second Appeal No. 474 of 2025 with Civil Application No. 13908 of 2025
Mr. R.R. Shaikh h/f Mr. R.R. Imale for Appellants, Mr. V. D. Sapkal a/w Ms. Priyanka Kale for Respondents, Mr. Arvind R. Kawade for Respondent No.1
Jamil Khan Umar Khan, Khalil Khan S/o Umar Khan, Azizabee W/o Jamil Khan, Noorjahabano W/o Tarekh Patel, Sofiyabee W/o Sayyed Musa, Maheboobbee W/o Shaikh Samad Patel
Maimunabee W/o Shaikh Noor, Saminabee W/o Sayyed Rashid, Dwarkabai W/o Dynaneshwar Pawar
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Nature of Litigation
Civil suit for partition and declaration of illegal alienations
Remedy Sought
Plaintiffs sought partition of suit property and declaration that alienations by defendants were illegal
Filing Reason
Plaintiffs alleged that defendants illegally recorded their names in revenue records and sold portions of the suit property
Previous Decisions
Trial court dismissed suit; first appellate court affirmed decree
Issues
Whether the suit property was ancestral and whether the defendants' alienations were illegal
Whether the second appeal raises any substantial question of law
Submissions/Arguments
Appellants argued that the suit property was ancestral and that the defendants' alienations were illegal
Respondents contended that the property was not ancestral under Muslim law and that the concurrent findings were correct
Ratio Decidendi
Under Muslim personal law, property inherited from father is not ancestral but self-acquired; daughters have no right to challenge alienations made by father during his lifetime. Concurrent findings of fact cannot be interfered with in second appeal under Section 100 CPC.
Judgment Excerpts
The Second Appeal is filed by the Appellants challenging the judgment dated 17.03.2022 passed by the learned Civil Judge Junior Division, Aurangabad in Regular Civil Suit No.29/2016 as well as the judgment and decree dated 27.11.2025 passed by the learned District Court, Aurangabad in Regular Civil Appeal No.136/2022.
Procedural History
Plaintiffs filed Regular Civil Suit No.29/2016 which was dismissed by the trial court on 17.03.2022. Appeal against that decree was dismissed by the District Court on 27.11.2025. Second Appeal filed on 20.04.2026.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100
