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Supreme Court of India 2017-02-20 allowed

Sk. Bhikan S/o Sk. Noor Mohd vs Mehamoodabee w/o Sk. Afzal & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A Muslim brother and sister disputed ownership of family property. The trial court dismissed the sister's partition suit, but the district judge allowed her appeal, granting her a one-third share as an heir under Muslim law. The brother appealed to the High Court, claiming the property was his self-acquired purchase. The High Court dismissed his appeal without examining the documents or hearing arguments, finding no substantial question of law. The Supreme Court allowed his special leave petition, holding that disputes over ownership based on document interpretation and succession law raise substantial questions requiring proper admission and hearing under Section 100 of the CPC. The case was remanded to the High Court for fresh consideration on merits."

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Family Law Succession Law Muslim Law Property Law Civil Procedure Substantial Question of Law

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