Tuesday, 4 May 2021

Whether on the death of Muslim his legal heirs will inherit his property as joint tenant or tenants in common?

 The cause of action for partition of properties is said to be a perpetually recurring one" See Monsharam Chak-ravarty & Ors. v. Gonesh Chandra Chakravarty & Ors. (2). In Mohammedan Law the doctrine of partial partition is not applicable because the heirs are tenants-in-common and the heirs of the deceased Muslim succeed to the definite fraction of every part of his estate. The share,,, of heirs under Mohamedan Law are definite and known before actual partition. Therefore on partition of properties belonging to a deceased Muslim there is division by metes and bounds in accordance with the specific share of each heir being already determined by the law.

Supreme Court of India
Syed Shah Ghulam Ghouse Mohiuddin ... vs Syed Shah Ahmed Moriuddin Kamisul ... on 17 February, 1971
Citations: 1971 AIR 2184, 1971 SCR (3) 734
Author: A Ray

BENCH:
RAY, A.N.
MITTER, G.K.

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