Mohammedan Law does not make any distinction for the purposes of inheritance in respect of a property owned by a Mohammedan female or male,
Mohammedan Law does
not make any distinction for the purposes of inheritance in
respect of a property owned by a Mohammedan female or
male, like one which exists under the provisions of
Sections 8 and 15 of the Hindu Succession Act, prescribing
different modes of succession to the property of a Hindu
male and female. The property of a Mohammedan female
dying intestate will, therefore, be governed by the same
rules of inheritance and succession, as if it is a property
owned by a Mohammedan male dying intestate. In view of
this, though the uterine brothers and sisters are the real
sons and daughters of the same mother, they cannot be
classified as ‘Residuaries’ under Section 65 of the
Mohammedan Law to inherit the estate of their mother, but
they are to be classified as ‘Sharers’ under Section 63 of the
Mohammedan law, as if they are inheriting the estate of
putative father. Hence, the substantial question of law is
answered accordingly
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
SECOND APPEAL NO. 334 of 1995
1] Mohammed Jaheer s/o Abdul Rehman,
... VERSUS ...
M.V. Mohammed Hussain Walayata,
