In Brief
Ajambi (the heir of the first wife) appealed a High Court judgment that had set aside a first appellate court's decision recognizing a 1958 memorandum of partition. Late Shaikaji, a Muslim, had divided his property during his lifetime between his children from two marriages. The first appellate court accepted Ex.D7 (the partition memorandum) as genuine, finding it was acted upon by revenue authorities and the respective portions were occupied as divided. The High Court rejected it, citing non-registration and late production. The Supreme Court reversed the High Court, holding that Muslims are free to partition property during their lifetime and that the document's validity need not rest solely on registration when corroborated by revenue records and possession. Appeal allowed.
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