SMT. ZUBEDA BEGUM ETC. versus SYED SHAH KHURSHEED AHMAD HASHMI AND ORS. ETC.

SMT. ZUBEDA BEGUM ETC. versus SYED SHAH KHURSHEED AHMAD HASHMI AND ORS. ETC.

The Wakfnama executed by Nawab Sir Mohammad Yusuf was validly created according to Muslim law, for religious, pious, and charitable purposes, and was not vitiated by undue influence. The finding of the High Court that the executant was in a fit mental condition to execute the Wakfnama stands. Only clauses 6, 7, and 11 of the Wakfnama were not valid in law.

Parties
Appellant: SMT. Zubeda Begum; Respondents: Syed Shah Khursheed Ahmad Hashmi and Ors.
Jurisdiction
India
Judgment Date
28 November 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment Dated 14.3.80 in F.a. No. 399 of 1962
Outcome
Appeal dismissed
Legal Topics
Wakf, Undue Influence, Wakfnama Validity, Appointment of Mutawalli
Muslim Law Wakf Undue Influence Wakfnama Validity Appointment of Mutawalli

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Parties

SMT. Zubeda Begum

Appellant

Syed Shah Khursheed Ahmad Hashmi and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Judgment Dated 14.3.80 in F.a. No. 399 of 1962

Legal Issues

  1. 1 Whether the Wakfnama executed by Nawab Sir Mohammad Yusuf was valid under Muslim law
  2. 2 Whether the Wakfnama was obtained by undue influence by Syed Shah Khursheed Ahmad Hashmi
  3. 3 Whether the executant was in a fit state of mind to execute the Wakfnama

Ratio Decidendi

The Wakfnama executed by Nawab Sir Mohammad Yusuf was validly created according to Muslim law, for religious, pious, and charitable purposes, and was not vitiated by undue influence. The finding of the High Court that the executant was in a fit mental condition to execute the Wakfnama stands. Only clauses 6, 7, and 11 of the Wakfnama were not valid in law.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The other appeal (CA @ SLP (C) No. 1638/81) filed by the respondent also stands dismissed.