Is Graveyard Land Protected Under Mohammedan Law?

2023 0 Supreme(Pat) 1147

Under the Mohammedan Law if a land has been used from time immemorial for burial ground then the same may be called a wakf although there is no express dedication.” 45. ... It is still used as Mohammedan graveyard and the Muslims are so using which is admitted. 42. ... It is, thus, apparent that the land in question, being part of schedule in Title Suit No. 06 of 2016 remains a waqf #HL_....

2024 0 Supreme(P&H) 1316

(2) Moreover, any entry in the revenue records declaring the land as Takia, graveyard and Maszid, enjoys conclusivity, and, is required to be ensured to be protected even at the site concerned, despite evidence of purported prolonged non-user thereof by the Muslim community. ... The said judgment does not hold force in respect of an entry in the revenue records declaring the disputed land as Takia, graveyard#HL_....

2023 0 Supreme(P&H) 2206

(2) Moreover, any entry in the revenue records declaring the land as Gair Mumkin Kabaristanand/or Maqbooja Ahle Islam, enjoys conclusivity, and, is required to be ensured to be protected even at the site concerned, despite evidence of prolonged non-user thereof ... The above has been proposed to be also hedged with a further condition, that whenever land of the graveyard is required, thus for burial purposes, then the Boa....

2024 0 Supreme(J&K) 19

land. ... The case set up by the petitioner is that he has an ancestral graveyard in the land measuring 01 Kanal and 04 Marlas under Survey No. 246 and the private respondent No. 4 has setup an academy with a name of Gandhi Memorial Academy upto 8th Standard on the said piece of land. ... Petitioner through the medium of instant writ petition seeks the following reliefs:- (i) Writ of Mandamus, commanding the official respo....

2023 0 Supreme(J&K) 453

In this view of the matter the petitioners of both the petitions cannot said to be having any right recognized under law to use the said parcel of land as a graveyard more so in view of the law laid down by the Apex Court in case titled as “Jagpal Singh and others vs. ... and order problem, he must be dealt with in accordance with law. ... Mohalla Jogenderbagh, Harkarpora and Khanpora are stated to have t....

2025 0 Supreme(Guj) 1038

The subject land is a Government waste land and has been acquired by the National Highway Authority by following due procedure of law. ... Just because the lands may have been used for the purpose of graveyard earlier and that efforts are being made by the petitioner Trust to declare the said land as graveyard will not make the said land graveyard/kabr....

2024 Supreme(BD)(SC) 11959

apply  the  correct principle of law

Mohammedan Law-Law to be resorted to where the Code of Mohammedan Law is silent -Right of Mohammedan widow having children by her deceased husband to sell his property for the payment of debts incurred by him-Common Law of Ceylon. ... [After stating the facts of the case, his Lordship continued-] The Code of Mohammedan Law to ....

2025 2 Supreme 624

Let us now turn to the position as it is under Mohammedan Law. ... that in Mohammedan, as in Roman and English Law, nemo est heres viventis. a living person has no heir. ... Stated differently, “Personal Law” of every religious denomination is protected from invasion and breach, except as provided by and under Article 25.” (Emphasis supplied) 13. ... The position on devolution of propert....

2024 0 Supreme(UK) 292

It is submitted by learned counsel for the petitioner that the land has been earmarked by the officials of State Government in the year 2021, but, till date, the land has not been given to the villagers for graveyard. 7. ... Earlier, the last rites of the residents of these villages and adjoining other villages are done in the forest land, which has now been vacated after the order passed by Forest Officers. 4. A request h....

2012 0 Supreme(All) 3207

The learned trial court has to adjudicate upon, as to whether the disputed land is being used by Muslims at large, as burial ground, which is a matter of evidence. It is settled proposition of law that upon burial of the single person or few persons of the Zamindar's family, land does not become waqf. A number of instances are necessary to reach to the conclusion that the land is graveyard in the sense known to Islamic law.

2012 0 Supreme(All) 226

The land, however, was recorded as Bheeta of Zamindar prior to abolition of zamindari and was recorded in the record of rights prepared under Section 33 of the Land Revenue Act vide Khasra of Settlement (Ex.3). Under the Mohammedan law the land would be deemed to be Waqf. The land will thus treated to be dedicated to God Almighty. The land would thus fall within the definition of the word ‘estate’ under Section 3 (8) of the Land Revenue Act included in the registers described....

2007 0 Supreme(All) 3196

A graveyard is a private one which is confined only to the burial of corpses of the founder, his relations or his descendants. In such a burial ground no person who does not belong to the family of the founder is permitted to bury his dead. On the other hand, if any member of the public is permitted to be buried in a graveyard and this practice grows so that it is proved by instances adequate in character, number and extent, then the presumption will be that the dedication is complet....

2007 0 Supreme(All) 3139

Under the Mohammedan law, once a graveyard is always a graveyard. It cannot lose its identity or character as graveyard by passage of time. There are findings of facts recorded by the courts below about the number and existence of pucca and kuchcha graves over the disputed land and as such the said land can be termed as 'graveyard' as understood under the Mohammedan law. According to him, the Plaintiff Appellant has all along been claiming that the disputed ....

1996 0 Supreme(P&H) 1820

In such a burial ground, no person who does not belong to the family of the founder is permitted to bury his dead. A grave-yard is a private one which is confined only to the burial of corpses of the founder, his relations or his descendants. and ors, . that under the Mohammedan Law the grave-yards may be of two kinds a family or private graveyard and a public grave-yard.