Law: Muhammadan Law

Section: 63,65

Law: Muhammadan Law

Section: 63,65

Islamic Law-------Inheritance---Original owner of property in dispute died leaving behind one daughter, one paternal uncle and one uterine brother---Daughter of deceased got 172 share of deceased, while remaining half of the property was given to paternal uncle of the deceased as residuary and Revenue Officer sanctioned mutation accordingly---Petitioner, who was uterine brother of deceased owner of property, challenged said mutation to the extent of one respondent who was paternal uncle of deceased and claimed that petitioner being uterine brother of deceased owner was entitled to 1/2 share of property as residuary---Deputy District Officer accepted appeal of the petitioner and set aside impugned order of Revenue Officer---Uncle of the deceased filed appeal against order of Deputy District Officer who restored mutation---Validity--Both subordinate courts had not perused the relevant provisions of law in depth and both had decided contrary to the provisions and spirit of law---Deputy District Officer (Revenue) in his order had found that the paternal uncle of the deceased was the rightful inheritor of half the share of the deceased's property as a residuary---Executive District Officer on the other hand had given opposite findings in his order stating that "uterine brother of the deceased was a close kin than the paternal uncle, who was a distant kin "---According to the table of residuaries in order of succession, a full paternal uncle was a residuary---In the present case, deceased was survived by only a daughter, who was share holder of a higher category, entitled to get 1/2 share of the property of her deceased father---Uterine brother of the deceased, as per the table of the shares was a sharer, but at serial No.9 of the shares, was entitled to get 1/6 share of the remaining property---Paternal uncle was residuary and the remaining property was to be divided among the residuaries, if there were no other share; and the claim of the sharers had been satisfied---Said important issues had been totally ignored in the decisions given by the lower courts---Impugned orders of both courts below were set aside and the matter was remanded to the District Officer…

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