Muhammad Wali Khan, Plaintiff- v. Muhammad Mohi-ud-Din Khan and others (Pc) BS284439
PRIVY COUNCIL

(From Allahabad)

Before:-Viscount Haldane, Lords Buckmaster And Dunedin.

D/d. 23.6.1919.

Muhammad Wali Khan, Plaintiff - Appellant

Versus

Muhammad Mohi-ud-Din Khan and others - Defendants Respondents.

For the Appellant :- W. Garth and DeGruyther, Advocates.

For the Respondents :- A.M. Dunne and B. Dube, Advocates.

Solicitors for Appellant :- Douglas Grant.

Solicitors for Respondents; Barrow, Rogers and Nevill.

A. MUSLIM LAW - Mahomedan Law - Property bought by one brother after father's death

JUDGMENT

Lord Dunedin :- Allah Baksh, a Mohammedan, died in 1863. He left a widow, Amir-un-nisa, and two sons, Ali and Wali, and three daughters. On his death, under Mohammedan law, each son became entitled to 42/96 this of his property and his widow to 12/96ths. Wali being an infant of one year old, the whole properties were managed by Ali, whose name, along with that of his infant brother, was entered in the Government registers.

2. In 1902, Wali being then past majority, a submission was entered into between the two brothers for a division of the property. An arbitration was accordingly held and the properties divided. The final award specified the names of the properties dealt with, and contained a statement that the properties were the whole properties which were subject to division and that nothing more fell to be divided. It apportioned the various properties nominate to each son respectively, exhausting the whole list, and added a maintenance allowance to be paid by each son to the mother in money. The award was signed by each of the parties and was made a decree of Court.

3. In 1904 Ali died. He left a widow, Zainab, and two sons, Mohi-ud-Din and Moin-ud-din, and other children who need not be specified by name. His mother, Amir un-nisa, being still alive, she, by Mohammedan law, became entitled to 7/96ths of Ali's property. In 1907 Amir-un-nisa died and her sole surviving son, Wali, became her sole heir.

4. The present suit was raised in 1903 by Wali against the family of Ali, and claimed :-

5. It is convenient to deal with these claims separately.

6. Their Lordships will therefore humbly advise His Majesty to dismiss the appeals with costs.

Appeal dismissed.