Propositus: The deceased owner of property is called the propositus. In India the presumption is that a Mohammedan is a Sunni. Spes successionis: So long as a person is alive he has no heir. heirship is only to a deceased owner. while the owner is alive, the owner who would succeed to the property on … Continue reading Some important technical terms of muslim succession law
Excerpt: Patna High Court Abdul Manan Khan vs Mirtuza Khan And Ors. on 8 February, 1990 Equivalent citations: AIR 1991 Pat 154 Author: S Sinha Bench: S Sinha JUDGMENT S.B. Sinha, J. 1. This first appeal, at the instance of the plaintiff, arises out of a judgment and decree dated 17-2-1982, passed by Sri Haricharan … Continue reading Abdul Manan Khan vs Mirtuza Khan And Ors.
Excerpt: Supreme Court of India Garib Das And Ors. vs Munshi Abdul Hamid And Ors. on 13 November, 1969 Equivalent citations: AIR 1970 SC 1035 Author: G Mitter Bench: S Sikri, G Mitter JUDGMENT G.K. Mitter, J. 1. This is an appeal from a judgment of the Patna High Court reversing a judgment of the … Continue reading Garib Das And Ors. vs Munshi Abdul Hamid And Ors
Excerpt: Calcutta High Court Sailendra Nath Palit vs Syed Hade Kaza on 7 July, 1931 Equivalent citations: AIR 1932 Cal 356 JUDGMENT 1. This is an appeal by the plaintiff from a decree dismissing his suit. The suit was described in the plaint as a suit for recovery of money, Rs. 15,000 odd, with declaration … Continue reading Sailendra Nath Palit vs Syed Hade Kaza
Allahabad High Court Anjuman Islamia Through Zahur ... vs Latafat Ali And Ors. on 31 August, 1949 Equivalent citations: AIR 1950 All 109 Author: Malik Bench: Malik, Desai JUDGMENT Malik, C.J. 1. I have read the judgment of brother Desai and agree that this appeal should be allowed. 2. The lower Court was of the … Continue reading Anjuman Islamia Through Zahur … vs Latafat Ali And Ors
Supreme Court of India Wali Mohammed Khan (Dead) By Lrs vs Rahmat Bee And Ors on 23 February, 1999 Bench: M. Jagannadha Rao, M.B. Shah CASE NO.: Appeal (civil) 159 of 1990 PETITIONER: WALI MOHAMMED KHAN (DEAD) BY LRS, RESPONDENT: RAHMAT BEE AND ORS. DATE OF JUDGMENT: 23/02/1999 BENCH: M. JAGANNADHA RAO & M.B. SHAH … Continue reading Wali Mohammed Khan (Dead) By Lrs vs Rahmat Bee And Ors
Excerpt: a power of revocation in favour of the settlor contained in a deed of wakf renders the deed void. Bombay High Court Abdul Satar Suleman Haji Ahmed vs The Advocate General Of Bombay on 22 September, 1932 Equivalent citations: (1933) 35 BOMLR 18 Author: J Beaumont Bench: J Beaumont, Kt., Blackwell JUDGMENT John Beaumont, … Continue reading Abdul Satar Suleman Haji Ahmed vs The Advocate General Of Bombay
Excerpt: The object of the rule of Mahomedan law which does not recognise a purported transfer, of a spes successionis as a legally valid transfer at all, is not to prohibit anything but only to make it clear what is and what is not a transferable right or interest in property just as this is … Continue reading Gulam Abbas vs Haji Kayyum Ali & Ors
Excerpt: it is a fundamental principle of the Mohammedan Law of Wakf that when a mosque is built and consecrated by public worship, it ceases to be the property of the builder and vests in God. A mosque once so consecrated cannot in any case revert to the founder and every Mohammedan has the legal … Continue reading Once the founder dedicates a particular property for the purpose of a public mosque, no Muslim can be denied the right to offer prayers therein on the ground that the mosque fell into disuse long back.
Excerpt: According to Mohammedan jurists, the term 'Wakf' literally means dedication or, the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by Mussalman law as religious, pious or charitable. in order to constitute a wakf, there must be a permanent dedication of the properties in question in … Continue reading Once a wakf is created, the title of the wakif in the dedicated property is extinguished and vests in God. The wakif is entitled to reserve power to alienate any portion of the wakf properties, but for the benefit of the waqf.