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Civil Property & InheritanceSupreme Court of India

Smt. Ajambi (Dead) by LR. v. Roshanbi and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7237 of 2010)Decided 29 Jun 2016
Civil Appeal No. 7237 of 2010
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

A Muslim family property dispute arose between the children of a man's first wife (represented by the appellant, Smt. Ajambi, as the deceased defendant's legal representative) and the children of his second wife, Roshanbi (the plaintiffs), who sued for partition claiming a 7/8th share. The defense relied on an unregistered 1958 memorandum (Ex.D7) showing the family patriarch, Shaikaji, had already divided the property between his two sets of children during his lifetime, with revenue records later reflecting the split into two plots. The first Appellate Court accepted this document and dismissed the plaintiffs' claim, but the Karnataka High Court reversed that finding in second appeal, holding the document was invalid because it was unregistered and belatedly produced, and that there is no concept of Hindu-style "joint family" property under Muslim law.

Decision Breakdown

The Supreme Court held that the lower Appellate Court was correct to rely on Ex.D7, even though a Muslim family has no joint family concept, it was open to Shaikaji to arrange and distribute his own property among his children during his lifetime to avoid future disputes, and that arrangement was accepted, acted upon, and reflected in revenue records dividing the property into two separate plots. The Court found the High Court erred in doubting the document's genuineness, especially since the plaintiffs filed their suit more than 25 years after the arrangement was made. Accordingly, the Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the lower Appellate Court's decree in favour of the defendant.

Lesson Learnt

A family property arrangement made and genuinely acted upon during a person's lifetime (reflected in revenue records and long acquiescence by the family) can be upheld even if the document recording it was never formally registered: courts will look at conduct and the passage of time, not just registration formalities, especially when a claim is raised decades later.

Smt. Ajambi (Dead) by LR. v. Roshanbi and Others – Legal Case Shots | LegalAware