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august 2011

Supreme Court of India · 2011-08-02

Shehammal vs Hasan Khani Rawther & Ors

Citation / case number
AIR 2011 SUPREME COURT 3609
Court
Supreme Court of India
Petitioner
Shehammal
Respondent
Hasan Khani Rawther & Ors
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the inheritance rights of the heirs of Meeralava Rawther under Muslim personal law, emphasizing that upon intestate succession, the sons are entitled to a 2/9th share and the daughters to a 1/9th share of the estate as per the principles of partition. The Court held that any relinquishment of rights must be substantiated by valid deeds, and the absence of such deeds for the Respondent No.1 invalidates his claim based on an alleged oral gift. The judgment of the Kerala High Court was set aside, reaffirming the rightful shares of the heirs in the estate.

Shehammal vs Hasan Khani Rawther & Ors · Niyam