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NARENDRA KUMAR VYAS
Anwar Haque, S/o. Samsujamma Mohammadan – Appellant
Versus
Sheikh Rasool, s/o. Sheikh Azim Mohammadan – Respondent
JUDGMENT :
1. Since an identical issue and common question of law are involved in both the appeals, they are heard analogously and are being disposed of by this common judgment.
2. Second Appeal No. 7 of 2009 has been filed by the appellant/defendant being aggrieved by the judgment and decree dated 15-9-2008 passed by the Additional District Judge, Mungeli, Bilaspur in Civil Appeal No.10-A/2007 confirming the judgment and decree dated 19-3-2007 passed in Civil Suit No.26-A/99 by Civil Judge Class-1, Mungeli Bilaspur whereby the suit filed by the plaintiff has been allowed and counter claim of defendant No.1 has been rejected.
3. Second Appeal No. 8 of 2009 has been filed by the defendant/appellant against the judgment and decree dated 15- 9-2008 passed by the Additional District Judge, Mungeli Bilaspur in Civil Appeal No. 7A/2007 partly reversing the judgment and decree dated 19-3-2007 passed in Civil Suit No.26-A/99 by the Civil Judge, Class-1, Mungeli Bilaspur.
4. Both the appeals have been admitted by this court on 27-8-2011 on the following substantial questions of law:
Mohammedan Law—Will—Bequest in favour of an heir is invalid unless other heirs consent to it after testator’s death—Mohammeden cannot by Will dispose of more than a third of his estate after payment ....
Mohammedan Law – Will – No formality or a particular form is required in law for the purpose of creating a valid will – An unequivocal expression by testator serves the purpose.
Mohammedan Law – Will – Bequest in favour of an heir is invalid unless other heirs consent to it after testator’s death.
A Muslim cannot bequeath property exceeding one-third without consent from all heirs, rendering such wills invalid if contested; ownership must not exclude necessary parties.
Inheritance rights under Mohammedan Law are individual, arising only upon death, eliminating claims of joint family property made prematurely based on shared assumptions.
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