Supreme Court rules that a Muslim widow without children is entitled to only one-fourth share in her deceased husband’s estate under Mohammedan Law and Qur’anic inheritance principles.
Case in NewsThe Supreme Court On Muslim Widows 1/4TH Share Under Mohammedan Law reaffirmed that a childless Muslim widow is entitled to only one-fourth share in her husband’s estate . |
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Case Overview
Case Name: ZOHARBEE & ANR. vs. IMAM KHAN (D) THR. LRS. & ORS.
The Supreme Court of India, in a Bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra, upheld the Bombay High Court’s ruling regarding the inheritance rights of a Muslim widow . The case involved the estate of Chand Khan, who died intestate and childless . His widow, Zoharbee, sought a 3/4th share of the property, claiming herself as the primary heir under Mohammedan Law . The respondent, the deceased’s brother, contended that part of the land had already been transferred through an agreement to sell . The Court examined whether such an agreement affected the widow’s inheritance rights and clarified her rightful share .
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Key Aspects
Before listing its findings, the Court examined both factual and legal issues concerning succession and transfer of property .
- Chand Khan died without children leaving behind his widow, Zoharbee .
- The respondent argued an agreement to sell excluded a portion of land from inheritance .
- The Court held that an unregistered sale agreement cannot extinguish ownership rights .
- The dispute centered on the interpretation of the widow’s share under Mohammedan Law .
Legal Insights
The Court referred to both statutory and religious provisions governing Inheritance Rights Of Women In Islam .
- Section 54, Transfer of Property Act, 1882 – an agreement to sell does not convey ownership without a registered sale deed .
- Chapter IV, Verse 12 of the Qur’an – a widow inherits one-fourth of her husband’s property if he leaves no children; one-eighth if he does.
- Mulla’s Principles of Mahomedan Law (Para 61 & 63) – matruka (estate left behind) includes both movable and immovable assets, to be divided among heirs as per fixed Qur’anic shares .
- The Court reinforced that under Mohammedan Law, distribution of inheritance is predetermined and leaves no room for judicial discretion .
Court’s Verdict
The Supreme Court dismissed the widow’s plea for a 3/4th share affirming that under Mohammedan Law, a Muslim widow with no child or grandchild is entitled to only one-fourth of her deceased husband’s estate . The Court emphasized that the remaining property devolves upon other heirs, including brothers . It clarified that unregistered sale agreements cannot defeat legal inheritance rights . Thus, reaffirming the principle of equality and certainty, the Court upheld the Bombay High Court’s decision and recognized the fixed nature of inheritance shares under Islamic Law .
Source – Supreme Court of India
Read also – Muslim Law
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