Supreme Court of India · 2019-01-22
MOHAMMED SALIM (D) THROUGH LRS. vs SHAMSUDEEN (DEAD) THROUGH LRS.
- Citation / case number
- SC 2008/1606
- Court
- Supreme Court of India
- Petitioner
- MOHAMMED SALIM (D) THROUGH LRS.
- Respondent
- SHAMSUDEEN (DEAD) THROUGH LRS.
- Author
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
- Bench
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the High Court's decision restoring the trial court's decree in a partition suit concerning property inherited from Mohammed Ilias. The Court found that the plaintiff, Shamsudeen, was entitled to a share in the property as he was the legitimate son of Mohammed Ilias, despite the defendants' claims regarding the legality of the marriage between Mohammed Ilias and Valliamma. The Court emphasized that the plaintiff's birth after Mohammed Ilias's death did not negate his entitlement to inheritance under Hindu law, specifically referencing the principles of inheritance applicable to sons of predeceased sons.