S.65 Mohammedan Law | First Cousin Brother On Mother’s Side Not Entitled To Share In Deceased Uncle’s Property

Case: Husainsab V. Modinabi @ Fakrubi

Coram: Justice H.P. Sandesh

Case No.: R.F.A.No.1979/2005

Court Observation: It is clear that defendants’ father is not real brother of the plaintiff’s father but only admitted relationship is that the plaintiff and defendants are cousins since the plaintiff’s mother and defendants’ mother are sisters and hence the very contention of the plaintiff’s counsel that the defendants come within Section 65 of the Mohammedan Law cannot be accepted and they cannot claim as residuaries.

“The evidence varies with regard to the date, writing of the Wills…merely because the documents are registered, the Court cannot come to the conclusion that the same is executed by Alisab.”

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Keywords

S.65 Mohammedan Law,