First cousin brother on mother's side not entitled to share in deceased uncle's property

Published August 20, 2022

It was the case of the woman that her father Alisab Dubalesab Kadampur was the owner and in possession of the suit schedule properties. He was in lawful possession along with plaintiff and her husband Maktumsab. She also claimed that she is the only daughter and her father had performed her marriage assuring that the property will devolve upon her. Even otherwise, she claimed she succeeded to the suit property by inheritance. It was pleaded that the defendants are the sons of her mother's elder sister Davalbi and in order to grab the suit schedule properties, they indulged in creating forged and bogus documents such as Will etc., on the pretext that their deceased uncle had executed such documents in their favour. The appellants herein claimed that their father and deceased Alisab were cousins. Thus, they claimed to be residuaries under the Mohammedan law. They submitted that the original-plaintiff is entitled for 1/2 share and remaining property goes to the residuaries.

"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." Karnataka HC