Legal Question in Civil Litigation in India

Shares in mahomedan law

A died left behind 4 sons 4 daughters. elder son died without issues his wife also died long back. 2nd and 3rd sons together with sold to the extent of 9acres 28 guntas of their share inthe family property before their death. 4th son was minor at the time of selling the property by 2nd and 3rd son. Now all sons were dead. widow of 4th son is in possession of 5 acres of land since more than 40 years but it stands in the name of widow of 2nd son who was acting as manager of the family as hindu family style and his name appeard in revenue records . after the death of 2nd son his widow has got entered her name in records but widow of 4th son is in possession of the suit proerty. suit filed by widow of 4th son against widow of 2nd son claming to declare that she is the owner to the extent of said 5 acres as her share. Where abouts of Daughters of A are not known since more than 8 years. Now the question is whether plaintiff widow of 4th son will succseed to claim her right If so to what extent?.whether hindu law applies to mahomedan family living in the style of hindu?


Asked on 8/09/07, 10:22 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Shares in mahomedan law

too confusing to reply.

but muslims will be treated in muslim law only.

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Answered on 8/17/07, 10:11 am

Re: Shares in mahomedan law

The case is covered under Indian Succession Act.It is too early to make any prediction at this stage but she being the sole heir is likely to succeed.

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Answered on 8/09/07, 12:35 pm
shanta rao independent

Re: Shares in mahomedan law

(1) No Hindu law will not be applied to a muslim family living in hindu style. The Mohemadan law does not recognise a joint family as a legal entity. Muslims are governed by Muslim personal law in all matters of inheritence, succession marriage iddat, divorce etc. The Shariat Act 1937 abrogated cusoms and applied personal law in all cases of mohemedans either by birth or by conversion. (2) When members of Moheman family live in commensality they do not form a joint family in the sense the expression is used in the Hindu law. But if during the continuance of family, properties are acquired in the name of the managing member (as in your case when property was acquired by the deceased 2nd Son who was acting as Manager of the family) it is to be proved tht they are possessed by all the members jointly, the presumption is that they are properties of the family and not the separate properties of the member in whose name the property stands. The Plaintiff Widow of 4th Son will succeed to claim her right of one half of the property and the other half will be retained by the Widow of the 2nd Son provided there are no other claimants.

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Answered on 8/13/07, 2:35 am


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