Advocates:
Advocate Appeared:
For the Appellant :Mr. M. S. Reshi, Advocate
For the Respondent: Mr. Syed Musaib, Dy.AG and Mr. Zahid Noor, GA

Case Brief: Mohammad Yasin Khan v. State of J&K (OWP No. 796/2017)

Court and Date: High Court of Jammu & Kashmir and Ladakh at Srinagar, decided on 11-02-2025. (!)

Parties: Mohammad Yasin Khan (Appellant/Petitioner) v. State of J&K (Respondent). (!)

Result: Writ petition dismissed; mutations invalid. (!)

Key Facts (!)

• Common ancestor (father) died in 1981, leaving landed property; mutation no. 106 attested on 10.01.1981 in favor of sons and widow, excluding married daughter (respondent no. 4) as "Khana Berun" under alleged customary law. (!)
• Mother died later; mutation no. 147 attested on 25.09.1987 in sons' favor. (!)
• Daughter challenged mutations after ~15 years; appeals by Additional Deputy Commissioner set aside mutations for procedural lapses and exclusion under Muslim Personal Law; revision dismissed. (!)
• Petitioners sought to quash remand orders and protect possession. (!)

Issues (!)

• Validity of mutations excluding daughter based on custom vs. application of Muslim Personal Law. (!)
• Compliance with Standing Order 23-A for mutation attestation (e.g., notice, inquiry, inclusion of all heirs). (!)
• Propriety of delay condonation and ex parte proceedings. (!)

Petitioners' Arguments (!)

• Mutations followed due procedure under Standing Order 23-A, including village inquiry and statements from respectable persons. (!)
• Customary law excluded married daughter; Shariat applied post-mutations. (!)
• Appellate authority erred by not condoning delay or finding procedural illegality. (!)

Respondents' Arguments (!)

• Mutations ex parte; no notice/summons to daughter despite her listing in pedigree. (!)
• Custom not proved; widow's share incorrectly equated to son's (violates Muslim Law's 1/8th share). (!)
• Exclusion infringed daughter's inheritance rights under Muslim Personal Law. (!)

Court's Ratio Decidendi (!)

• Inheritance under Muslim Personal Law: Governs succession for Muslims; daughters entitled to shares (male: 1, female: 1/2 per male equivalent); nearest heirs (children) always inherit; cannot be displaced by unsubstantiated custom. Exclusion of daughters irrational and invalid. (!)
• Custom vs. Personal Law: Customary claims must be specifically pleaded/proved; do not override Muslim Personal Law principles from religious texts emphasizing daughters' rights. (!)
• Procedural Compliance: Standing Order 23-A mandates detailed inquiry, notice to all heirs, and presence of parties; mutations invalid for ex parte nature and non-compliance, excluding daughter. (!)
• Delay and Remand: Appellate orders upheld; fresh mutation required under Muslim Personal Law with all parties. (!)

Relief Denied (!)

• No merit in quashing orders; petitioners' possession unprotected due to invalid mutations. (!)