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march 1962

Supreme Court of India · 1962-03-26

THAKUR MOHD. ISMAIL vs THAKUR SABIR ALI

Citation / case number
SC 1959/151
Court
Supreme Court of India
Petitioner
THAKUR MOHD. ISMAIL
Respondent
THAKUR SABIR ALI
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the wakf-alal-aulad executed by a Hanafi Mussalman for the benefit of his descendants contravened Section 12 of the Oudh Estates Act, 1869, which prohibits transfers that delay vesting beyond the lifetime of living persons. The Court affirmed that the Oudh Estates Act is a complete code governing talukdari estates, and the rights of holders must align with its provisions. Consequently, the wakf deed was deemed invalid, and the appeal was dismissed, upholding the High Court's ruling.

THAKUR MOHD. ISMAIL vs THAKUR SABIR ALI · Niyam