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[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court
Aleem Syeed
21 Feb 2025 11:45 AM
![[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court](https://www.livelaw.in/h-upload/2023/10/29/750x450_500784-466227-justice-javed-iqbal-wani.webp "[Muslim Law] Daughter As Legal Heir Cannot Be Excluded From Revenue Documents Without Recording Valid Reasons: J&K High Court")
The Jammu and Kashmir High Court has held that where a mutation is attested excluding a legal heir without recording the reasons for exclusion, such a mutation can be set aside. It also stated that an invalid mutation of the record can be challenged without any bar concerning the limitation period. The court ruled that the mutation of a record made by the petitioner while excluding his...
The Jammu and Kashmir High Court has held that where a mutation is attested excluding a legal heir without recording the reasons for exclusion, such a mutation can be set aside. It also stated that an invalid mutation of the record can be challenged without any bar concerning the limitation period.
The court ruled that the mutation of a record made by the petitioner while excluding his sister was invalid due to the absence of any record suggesting that she had relinquished her right or that customary law was applicable in the case.
Justice Javed Iqbal Wani noted that the record established that both the petitioner and the respondent were brother and sister and successors to their deceased father's property by way of inheritance. However, the court pointed out that only the petitioner was vested with ownership of their deceased father's estate, while the respondent was excluded. The court found no legal justification in the record for excluding the respondent from the said property.
The court observed that the mutation had been attested in violation of the law of succession under Muslim Personal Law as well as the provisions of Standing Order 23-A, which contains the procedure for mutation of records. The court upheld the order of the finance commissioner, by virtue of which the mutation record was set aside, finding no perversity or irregularity in it. The court clarified that the impugned order did not confer ownership upon the respondent but merely remanded the matter to the revenue officer for fresh consideration.
The court directed that the matter be decided as per Muslim Personal Law and the procedure laid down in Standing Order 23-A, after giving the petitioner an opportunity to present his case regarding the claims made by the respondent.
BACKGROUND
The petitioner challenged the order passed by the finance commissioner, which set aside the mutation in his name regarding the ancestral property. The mutation was attested after the death of his father, vesting sole ownership with the petitioner while completely excluding the respondent's share. The respondent challenged the said mutation before the finance commissioner (revenue), who set it aside. The petitioner then challenged the finance commissioner's order before the High Court.
The court found no perversity or irregularity in the order passed by the finance commissioner (revenue) and upheld it. The court held that ownership was granted to the petitioner while excluding the respondent without recording any reason for doing so. The court ruled that the necessary standing order was not complied with, thereby depriving the rightful heir of her share in the property by virtue of Muslim Personal Law.
The court found no merit in the petition and was accordingly dismissed.
APPEARANCE:
Gaash Asrar-ul Haq, Advocate for Petitioners
Hakim Aman Ali, Dy. AG.
W.M. Shah, Advocate For Respondents
Case-title : MOHAMMAD MAQBOOL vs State of J&K, 2025
Citation: 2025 LiveLaw (JKL) 51