No concept of joint family properties among Muslims: HC

S Shyam Prasad | NT

Bengaluru: Dismissing an appeal by three daughters seeking 1/6th share in the ‘joint family property’, the High Court has said that since the plaintiffs and defendants are Muslims governed by Mohammedan Law, the concept of joint family property does not apply to them.

 “Admittedly, the plaintiffs and defendants are Mohammedans governed under the provisions of Mohammedan Law. The contention of the plaintiffs that the suit schedule prop- erty was grante d to the family of the plaintiffs and defendants for and on behalf of joint family. The Trial Court has rightly appreciated that there is no concept of joint family or joint family properties among the Muslims and the claim of shares is misconceived and no exception can be taken to the said view,” the HC said while upholding the judgment of a Trial Court which had rejected the claim made by the three daughters.

Jareena, Mobina and Haseena, the three daughters of Hussain Sab filed an Original Suit in a Civil Court in Anekal seeking partition and separate possession of the 2 acre 2 guntas of land which they claimed was ‘joint family property.’

Their grandfather Adam Sab was cultivating the land and applied to the Government for grant of the land. Adam Sab died before the grant and the Government allotted the property in the name of Hussain Sab.

The daughters claimed that their father, their two brothers and they were in joint possession and enjoyment of the property.

Hussain Sab however sold the property to NH Bhaskar Reddy and T Sanjeeva Reddy. The daughters claimed that their consent was not take n while alienating the property and they were entitled for 1/6th share each. They filed the OS against their father, two brothers, mother and the two persons who had purchased the property.

The Trial Court however came to the conclusion that since they are governed by Mohammedan Law, there is no concept of ancestral property or joint family in Mohammedan Law and dismissed the suit. The three sisters then filed an appeal in the HC in 2019.

The division bench of Justice PS Dinesh Kumar and Justice TG Shivashankare Gowda heard their plea and gave its judgment recently. Quoting the Trial Court’s judgement, the HC said that there was no case made out by the daughters.

“In the Mohammedan Law, concept of joint family property and ancestral property is foreign. When the property was granted to the 1st defendant, he alone is the owner of the suit schedule property. During his lifetime, 1st defendant has sold the suit schedule property. Absolutely, there is no cause of action for the suit,” it said dismissing the appeal. (RFA 1953/2019)