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january 2019

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.

MOHAMMED SALIM (D) THROUGH LRS. vs SHAMSUDEEN (DEAD) THROUGH LRS. · Niyam