Case Note & Summary
The plaintiff, Mohammed Ashraf, filed a suit for partition and separate possession of an immovable property bearing CTS No. 340 in Belgaum, claiming that he and his sister, Smt. Tabassum (first defendant), were the only legal heirs of their mother, Khatunbi, who died on 14.04.1997. The property originally belonged to Khatunbi. The plaintiff contended that he was entitled to a 1/2 share, while the first defendant was entitled to the other half. The trial court, however, decreed the suit in part, granting the plaintiff a 4/9th share and the first defendant a 2/9th share plus an additional 1/3rd share as the widow of a predeceased son (Mohammed Yusuf). The plaintiff appealed against this decree under Section 96 of the Code of Civil Procedure, 1908. The High Court examined the facts and the applicable Muslim Personal Law. It noted that the deceased Khatunbi left behind a son (plaintiff) and a daughter (first defendant). Under Muslim law, a son is entitled to double the share of a daughter. Additionally, the first defendant also inherited as the widow of a predeceased son, which entitled her to a 1/3rd share of the property. The trial court had correctly computed the shares: the plaintiff got 4/9th, and the first defendant got 2/9th (as daughter) plus 1/3rd (as widow). The High Court found no error in this calculation and dismissed the appeal, upholding the trial court's judgment and decree.
Headnote
A) Muslim Law - Succession - Shares of son and daughter - Under Muslim Personal Law, a son is entitled to double the share of a daughter. In the present case, the deceased Khatunbi left behind a son (plaintiff) and a daughter (first defendant). The daughter also inherited as the widow of a predeceased son. The trial court granted 4/9th share to the son and 2/9th + 1/3rd share to the daughter. The High Court upheld the shares, finding no error in the trial court's calculation. (Paras 1-10) B) Civil Procedure - Appeal against decree - Section 96 CPC - The plaintiff appealed against the trial court's decree granting only 4/9th share to him. The High Court dismissed the appeal, holding that the shares were correctly computed under Muslim law. (Paras 1-10)
Issue of Consideration
What are the respective shares of the plaintiff (son) and the first defendant (daughter) in the property left by their mother Khatunbi, who died intestate, governed by Muslim Personal Law?
Final Decision
The appeal is dismissed. The judgment and decree dated 14.06.2005 passed in O.S. No. 113/98 by the II Addl. Civil Judge (Sr. Dn.), Belgaum, are confirmed. No order as to costs.
Law Points
- Muslim Personal Law
- Shariat
- Partition
- Succession
- Share of daughter
- Share of widow of predeceased son
- Share of son
