Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine

“The question of seminal importance, which is required to be decided in this case is whether the principles of Hindu law could be applied while deciding the right of inheritance falling under the Mohammedan law.”

The Court issued notice on this limited question of law.

The brief factual background is that the Plaintiffs (Sirajuddin and Fayajuddin) are sons of Defendant No.2 (Riyajuddin) from his first marriage. They filed the suit for partition claiming their lawful share. They argued that Defendant No.2 developed illicit intimacy with Defendant No.4 and had two children. It was further alleged that Defendant No.2 also wilfully deserted the Plaintiffs and their mother. When the Plaintiffs demanded the partition of the ancestral property, Defendant No.2 refused the same. Thus, the instant suit was filed. The same being dismissed by the Trial Cort, the Plaintiffs approached the High Court.

Before the High Court, Defendant No.2 contended that he gave divorce to his first wife and also paid a certain towards permanent alimony. He contended that the Plaintiffs' mother acknowledged the amount and relinquished their rights over the properties. Thus, it was submitted that the Plaintiffs are not entitled to any share.

Per contra, the Plaintiffs contended that no person other than Kartha can relinquish. The mother is not the coparcener and not the Kartha; thus, she cannot relinquish shares of her minor children. Reliance was also placed upon Pasagadugula Narayana Rao v. Pasagadugula Rama Murthy, wherein the Andhra Pradesh High Court held that:

“Any relinquishment or release of a coparcener share can only be by way of a written instrument and in the absence, thereof a plea of release or relinquishment of share cannot be entertained."

Concurring with this view, the High Court held that the mother of the Plaintiffs cannot relinquish right of her minor children. Thus, the Court did not accept the plea of relinquishment of their right taken by Defendant No.2 and allowed the appeal.

“After meticulously scanning the entire material available on record, this Court is of the considered view that the right of the plaintiffs, who are grandchildren of defendant No. 1, over the ancestral property cannot be legally relinquished by their mother on receipt of some amount towards permanent alimony.”

Challenging this, the present appeal has been preferred before the Top Court by the father/ Defendant No. 2. They argued that the High Court erred in invoking the principles applicable to Kartha of a Hindu Undivided Family to settle the partition dispute in a Muslim family.

Case Title: MOHD. RIYAJODDIN vs. MOHD. SIRAJUDDIN., Diary No.- 3050 – 2024

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