SMT. AJAMBI (DEAD) BY LRS. versus ROSHANBI AND ORS.

SMT. AJAMBI (DEAD) BY LRS. versus ROSHANBI AND ORS.

Disputed factual questions regarding the validity of the Will and the status of the appellant as legal representative must first be determined by the trial court with evidence under Order XXII Rule 5 CPC; only thereafter can the Supreme Court determine rights and claims of the parties, including the share potentially bequeathable under Mahomedan law, which is limited to 1/3rd by Will.

Parties
Appellant: Smt. Ajambi (Dead) By LRs.; Respondents: Roshanbi and Ors.
Jurisdiction
India
Judgment Date
30 August 2010
Procedural Posture
Civil Appeal / Remand to Trial Court for Determination of Factual Issues Under Order XXII Rule 5 CPC
Outcome
Appeal adjourned; matter remanded for determination of factual issues by trial court
Legal Topics
Partition and Separate Possession, Will Under Mahomedan Law, Legal Representative Status, Probate Requirements
Civil Law Succession Partition Mahomedan Law Partition and Separate Possession Will Under Mahomedan Law Legal Representative Status Probate Requirements

Case Brief

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Parties

Smt. Ajambi (Dead) By LRs.

Appellant

Roshanbi and Ors.

Respondents

Procedural Posture

Civil Appeal / Remand to Trial Court for Determination of Factual Issues Under Order XXII Rule 5 CPC

Legal Issues

  1. 1 Whether the Will propounded by the appellant dated 20.8.2001 and registered on 29.8.2001 is a legal and valid document in the eyes of law
  2. 2 Whether the appellant could claim to be a legal representative
  3. 3 If Will is valid, whether the legatee is entitled only to 1/3rd share under Mahomedan Law

Ratio Decidendi

Disputed factual questions regarding the validity of the Will and the status of the appellant as legal representative must first be determined by the trial court with evidence under Order XXII Rule 5 CPC; only thereafter can the Supreme Court determine rights and claims of the parties, including the share potentially bequeathable under Mahomedan law, which is limited to 1/3rd by Will.

Court Disposition

Appeal adjourned; matter remanded for determination of factual issues by trial court

Orders

  • Trial court directed to take evidence on (1) whether the appellant is a legal representative and (2) whether the Will dated 20.8.2001, registered on 29.8.2001, is legal and valid.
  • After recording evidence, the trial court shall send its findings and the record to Supreme Court for further determination.