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ibrahim S/O Ashraf Patel and anr. Vs. Jamrood Bee W/O NizamoddIn Kazi ...

Court : Mumbai

Subject : PropertyFamily

Acts : Specific Relief Act, 1963 - Sections 37; Evidence Act, 1872 - Sections 3, 59 and 61; Mohammedan Law

Reported in : 2002(1)ALLMR601; 2002(2)BomCR295

shares (Sunni Law) as per table of shares (page 48-A annexed to section 63 of Mulla's Principles of Mohammedan Law, 18th Edition), they cannot get more than 2/3rd share as the remaining residue to the extent of 1/3rd … of residuary as per table of residuary in order of succession (page 72-A annexed to section 65 of Mohammedan Law.2. Whether two widows i.e. Chandbi and Sahebbi would together get 1/8th share? 3. Whether on account of remarriage,

Shaik Fathima Bi Vs. Sri Venkata Chapathy Finance Corporation, Rayacho ...

Court : Andhra Pradesh

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 128 and 129; Code of Civil Procedure (CPC), 1908 - Sections 100

Reported in : AIR1978AP401

or otherwise of the gift made by a Mohammedan has to be tested according to the rules of Mohammedan law and not according to the provisions of the Transfer of Property Act of 1882 and that according to … application; because in that case it was found that with regard to gifts, there are accepted rules of Mohammedan Law and in order to constitute a valid gift under Mohammedan Law, only the rules of Mohammedan Law have

Madhurani Singh Vs. Subhas Chandra Ghosh and ors.

Court : Patna

Subject : Property

of Property Act does not permit an oral gift. However, Section 129 saves an oral Hiba under the Mohammedan law, but a Hibanama is not saved under the Registration Act. Under Section 49 of the Registration Act an … by O.P. No. 1 is an unregistered one. In this regard he referred to Section 147 of the Mohammedan law, wherein it is provided that writing is not essential to the validity of the gift either of movable

Gafur Saha Vs. Sabatun Bibi

Court : Orissa

Subject : FamilyCivil

Acts : Muslim Women's (Protection of Rights on Divorce) Act, 1968 - Sections 3(1); Mohammedan Law; Code of Civil Procedure (CPC) , 1908 - Sections 115; Muslim Women's (Protection of Rights on Divorce) (Amendment) Act, 1976

Reported in : 75(1993)CLT703; I(1994)DMC228

be stated that there is no controversy at the bar that dissolution of marriage by divorce under the Mohammedan Law can be affected by 'Talaq' which means repudiation by the husband. But the questions arises whether a declaration … at an earlier date will constitute divorce and if so, from which date. Syed Ameer Ali in his Mohammedan Law Vol. II, 5th Edition at page 465 has written :--'It is not necessary for the husband himself to

Mansoor Saheb (Dead) & Ors. versus Salima (D) by Lrs. & Ors.

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2024]12S.C.R.923

Appeal No. 4211 of 2009) 19 December 2024 [C.T. Ravikumar and Sanjay Karol,* JJ.] Issue for Consideration Under Mohammedan law, whether an owner of property can, in his lifetime, transfer said property to his heirs by way of … met and also whether nomenclature employed in Mutation Entry can be said to be indicative of intentions. Headnotes† Mohammedan law - Partition under, during the lifetime of the owner - If permissible: Held: No - Under Mohammedan Law,

Imran Khan Vs. Sobiya Tabassum

Court : Mumbai Aurangabad

Subject : Education

as "Act of 1890"). 2. It is not in dispute that parties to the proceeding are governed by Mohammedan Law. The appellant - original petitioner was married with respondent on 28-03-2010 as per the Muslim rites. Appellant was … had taken care of minor child "Umarkhan" since his birth. According to respondent, in view of provisions of Mohammedan Law, mother is entitled for custody of male child till he attained age of seven years. Respondent - wife

Trustees of Sahebzadi Oalia Kulsum Trust, Etc. Vs. the Controller of E ...

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : (1998)148CTR(SC)391

alia, that nothing in the second chapter of this Act shall be deemed to affect any rule of Mohammedan Law. Sections 13 and 14 relied upon by the department, form a part of the second chapter of the … form a part of the second chapter of the Transfer of Property Act. The appellant submits that under Mohammedan Law it is permissible to create a Wakf-alal-aulad under which a trust in perpetuity can be created for the

Hydersab Abdulnabi Maniyar Since Deceased by His Lrs. (Smt. Mariambi, ...

Court : Karnataka

Subject : FamilyProperty

Acts : Registration Act, 1908 - Sections 17, 17(1) and 49; Evidence Act - Sections 85, 101, 102 and 111; Transfer of Property Act - Sections 123 and 129; Mulla's Principles of Mohomdan Law - Sections 63, 65, 138, 143, 146, 147, 149, 150, 160 and 168; Code of Civil Procedure (CPC) - Sections 100

Reported in : 2009(1)AIRKarR500

entitled to a share each in terms of the provisions of Section 63 of the Mulla's principles of Mohammedan Law is not correct for the reason that when there is a son left behind by the deceased, daughters … share as residuary along with the sons and in terms of Section 65 of the Mulla's principles of Mohammedan Law which reads as under:65. Residuraries - If there are no Sharers, or if there are Sharers, but there

Abdul Sathar and ors. Vs. Muhammad Ali and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Muslim Law

Reported in : II(1993)DMC369; (1993)IMLJ240

by that learned Judge that Section 16 of the Madras Civil Court Act did not expressly make the Mohammedan Law applicable to gifts, that gifts of Mohammedans must be governed by justice; equity and good conscience, and that … observations were not necessary for the decision, as the learned Judge proceeded to hold that the requirements of Mohammedan Law as to delivery of possession had been sufficiently complied with in that case, nor were they concurred in

Assistant Controller of Estate Vs. Smt. Khairunnisa Begum

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1984)7ITD423(Hyd.)

the eye of law. Secondly, the legal requirement that if any oral gift of immovable property made under Mohammedan law is reduced into writing then such an alienation or transfer requires registration. In this case, the affidavit was … eventually worked out the value at Rs. 1,85,000.3. On appeal, the Appellate Controller, after elaborately going through the Mohammedan law on the point of HIBA came to the conclusion that (i) the so-called will executed on 1-1-1967 is