JAMIL AHMAD AND ORS. versus 5TH ADDL. DISTT. JUDGE MORADABAD AND ORS.

JAMIL AHMAD AND ORS. versus 5TH ADDL. DISTT. JUDGE MORADABAD AND ORS.

Property bequeathed by a deceased person under a Will cannot be added to the share of his heirs for determining their ceiling limits under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 but can be added to the khata of the legatee; the matter is remitted to the Prescribed Authority for fresh determination of the area the appellants are entitled to as legatees under the Will, taking into account any land already held by them.

Parties
Appellants: Jamil Ahmad and Others; Respondents: 5th Additional District Judge, Moradabad and Others
Jurisdiction
India
Judgment Date
09 October 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed; matter remitted to Prescribed Authority for fresh inquiry.
Legal Topics
Ceiling on Land Holdings, Testamentary Succession, Mohammedan Law, Mutation Proceedings, Distribution of Matruka
Property Law Succession Law Land Ceiling Law Ceiling on Land Holdings Testamentary Succession Mohammedan Law Mutation Proceedings Distribution of Matruka

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Parties

Jamil Ahmad and Others

Appellants

5th Additional District Judge, Moradabad and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether land bequeathed under a Will can be treated as inherited by the son for ceiling proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
  2. 2 Whether the property bequeathed by a deceased Muslim can be added to the share of his heirs for computing their khatas or only to the khata of the legatees.
  3. 3 Whether the Will executed by Wali Mohammed was genuine and its legal effect for ceiling and mutation purposes.

Ratio Decidendi

Property bequeathed by a deceased person under a Will cannot be added to the share of his heirs for determining their ceiling limits under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 but can be added to the khata of the legatee; the matter is remitted to the Prescribed Authority for fresh determination of the area the appellants are entitled to as legatees under the Will, taking into account any land already held by them.

Court Disposition

Appeal allowed; matter remitted to Prescribed Authority for fresh inquiry.

Orders

  • Order of High Court and Appellate Court set aside.
  • Case remitted to Prescribed Authority for fresh inquiry to determine area appellants are entitled to under the Will of late Wali Mohammed, considering land, if any, held by them in their own khatas.