VidhiSangh

Supreme Court of India · 22/01/2019

MOHAMMED SALIM (D) THROUGH LRS. & ORS. versus SHAMSUDEEN (D) THROUGH LRS. & ORS.

[2019] 1 S.C.R. 941 · 2019 INSC 71

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Summary

The plaintiff’s claim to inherit from his Muslim father was resisted because his mother was Hindu and the defendants disputed paternity. The birth register, admissions, cohabitation pleadings and correct conversion of Malayalam-calendar dates established that he was born before his father’s death. The Court held that the marriage was irregular (fasid), rather than void, and its child was legitimate and entitled to inherit from the father. The decree recognizing the plaintiff’s share was upheld; its quantum was not challenged.

Issues

  1. Whether the plaintiff was proved to be the child of Mohammed Ilias and Valliamma.
  2. Whether the Hindu mother’s marriage to a Muslim man was void or irregular and whether its child could inherit the father’s property.

Provisions considered

Held

Result

Appeal dismissed; the plaintiff’s legitimacy and entitlement to his share in accordance with law, as recognized by the High Court’s decree, upheld.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 941.