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A. BADHARUDEEN
Mohamed, S/o. Edassery Beeravunni @ Bappuhaji – Appellant
Versus
Kunhalankuttty, S/o. Edassery Beeravunni @ Bappuhaji – Respondent
JUDGMENT :
This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.70 of 2015 dated 14.06.2023 on the files of the Court of the Additional District Judge, Tirur arose from decree and judgment in O.S. No.21 of 2021 dated 30.07.2015 on the files of the Court of the Subordinate Judge, Tirur.
2. The appellant herein is the plaintiff in O.S. No.21 of 2015 and the respondents are the defendants.
3. Heard the learned counsel for the appellant in detail on admission.
4. Parties in this appeal shall be referred as “plaintiff” and “defendants” with reference to their status before the trial court.
5. The sum and substance of the case put up by the plaintiff is that, the plaint schedule properties originally belonged to Beeravunni alias Bappu Haji, the father of the plaintiff and defendants. During the lifetime of Beeravunni alias Bappu Haji, he executed Will deed No. 21/1997 and separated the properties held by him in favour of the plaintiff and defendants (i.e. his heirs). The execution of the will is not disputed by the plaintiff, but the case put up by him before th
Point of Law : Section 100 of CPC provides that, (1) Save as otherwise expressly provided in body of this Code or by any other law for time being in force, an appeal shall lie to High Court from ever....
Mohammedan Law – Will – Bequest in favour of an heir is invalid unless other heirs consent to it after testator’s death.
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—Mohammeden cannot by Will dispose of more than a third of his estate after payment ....
Implied consent to a bequest under Mohammedan Law cannot be inferred from silence or inaction; it must be established through affirmative acts.
Under Mohammedan Law, co-owners are only tenants in common, and the heirs of a deceased Mohammedan being in possession of the whole estate will be deemed to be in possession on behalf of the other co....
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