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Supreme Court of India 2019-01-22 dismissed

Mohammed Salim (D) Through Lrs. & Ors vs Shamsudeen (D) Through Lrs. & Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

This case involves a succession dispute under Muslim law regarding a child born from the marriage of a Muslim man (Mohammed Ilias) and a Hindu woman (Valliamma). The child (Shamsudeen, plaintiff) claimed inheritance rights from his father's property. The defendants challenged his legitimacy, arguing that a Hindu woman was not a legally valid wife and that the father had died before the child's birth. The Supreme Court held that a marriage between a Muslim man and a Hindu woman is irregular (fasid), not void, under Muslim law, and children born from such consummated marriages are legitimate and entitled to inherit. The Court confirmed the plaintiff's status as a legitimate son born two months before his father's death and upheld his entitlement to the claimed property shares.

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Muslim Law Hindu-Muslim Marriages Family Law Succession and Inheritance Legitimacy of Children

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