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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C M JOSHI, J
SMT. SHAMSHAD BEGUM – Appellant
Versus
SRI HUMAYUN SHARIEFF S/O LATE JABBER SHARIEFF – Respondent
| Table of Content |
|---|
| 1. dispute over property ownership following intestate death. (Para 3 , 4 , 5) |
| 2. clarification that hiba does not require registration under mohammedan law. (Para 21 , 22 , 23 , 24 , 26) |
| 3. remand for examination of hiba compliance and admissibility of evidence. (Para 30 , 31 , 32) |
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE C M JOSHI)
This appeal by appellant/defendant No.1 arises out of the judgment in OS No.11/2005 passed by learned XLIII Additional City Civil and Sessions Judge (CCH-44) Bangalore, dated 06.02.2015.
2. The parties would be referred to as per their rank before the trial Court for the sake of convenience.
3. The factual matrix of the case is as below: Plaintiff Nos.1 and 2 are the brother and sister of defendant Nos.1 and 2 and children of Jabbar Sharieff. The said Jabbar Sharieff died intestate on 02.09.2003 leaving behind the plaintiffs and defendants. The deceased Jabbar Sharieff had moveable and immoveable properties and he had purchased the suit schedule property during his lifetime. Later, Jabbar Sharieff borrowed a loan from defendant No.3-Bank by mortgaging the suit schedule property, by way of deposit of title deeds. Therefore, the original documents
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