Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine
1 year, 2 months ago

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

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The Supreme Court is set to examine whether the principles of Hindu law could be applied while adjudicating inheritance rights under the Mohammedan law. The bench of Justices CT Ravikumar and Rajesh Bindal, while issuing notice in a partition matter, ordered: “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. Before the High Court, Defendant No.2 contended that he gave divorce to his first wife and also paid a certain towards permanent alimony. 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."

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