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Sheikh Firozuddin vs. Farida

Regular Second Appeal · CNR No. DLHC012669952015Decided 13 Oct 2026New Delhi Bench
RSA 316/2015CNR: DLHC012669952015
Justice Neena Bansal Krishna

Background

Sheikh Firozuddin sued his former sister-in-law Farida (his brother Aftab Ahmad's divorced/estranged wife) to evict her from one room of a family property in East of Kailash, Delhi, claiming he had become sole owner through his late mother's will. Farida argued the property actually belonged jointly to the siblings including her husband Aftab Ahmad, that she was entitled to live there as his wife, and that the alleged divorce and will were disputed/unproven. Both the trial court and the first appellate court had ruled against Firozuddin, so he brought this second appeal to the High Court.

Decision Breakdown

The High Court upheld the lower courts' finding that the will was never properly proved (the attesting witness gave inconsistent, doubtful testimony) and that, under Muslim personal law, a mother cannot will more than one-third of her share to one son without other heirs' consent, so Firozuddin never became sole owner. Since the divorce between Farida and Aftab Ahmad was itself disputed and still being litigated, and Aftab Ahmad (as a co-owner) had a right to let his wife reside there, the Court held Farida could not be treated as a trespasser, and a share-transfer document meant to defeat her maintenance rights was invalid under Section 39 of the Transfer of Property Act. The appeal was dismissed in full.

Lesson Learnt

A person cannot be forcibly evicted as a "trespasser" from a family property if a genuine co-owner (here, the husband) has a disputed share and the occupant's residence rights flow from that relationship: ownership and divorce disputes must first be resolved before possession can be forced.

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