| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | ’Gaddi’ Meaning of Muslim Personal Law (Shariat) Application Act 1937 Words & Expressions |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Muslim Personal Law (shariat) Application Act, 1937 (26 of 1937) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Muslim Personal Law (Shariat) Application Act, 1937 – In 1947, on the formation of India and Pakistan, the State of Rampur merged into the Union of India – Ruler of Rampur signed the Merger Agreement on 15.05.49 under which he was entitled to full ownership, use and enjoyment of all private properties (as distinguished from State properties) belonging to him – Constitution of India came into force on 26.01.50 – Ruler died intestate – Certificate issued inter alia certifying the eldest son of the Ruler, defendant no.1(since deceased) as the sole successor to his private properties – Certificate quashed– Plaintiff-granddaughter of the Ruler filed suit inter alia for partition of the suit properties on the ground that the properties being his private properties, all legal heirs were entitled to share in the property as per personal law – Contested by the defendants on the ground that the property was not the personal property of the Ruler but, was attached to the ‘Gaddi’ of the State of Rampur and thus, governed by law of succession being rule of male priomogeniture i.e. senior most male heir taking everything to the exclusion of all other heirs – Suit dismissed by the High Court – On appeal, held: Definition of ruler in Cl.(22) of Art.366 itself shows that the person who is defined as ruler is a former prince, chief or other person, who was, on or after 26.01.50 recognised as a ruler having signed the covenant of accession – Such person, though defined as a ‘Ruler’, had no territory and exercised no sovereignty over any subjects – They had no land other than the private properties – Since, they were rulers only as a matter of courtesy, to protect their erstwhile titles, the properties which were declared to be their personal properties had to be treated as their personal properties and could not be treated as properties attached to the Gaddi – A Gaddi or rulership and private property have two different connotations even in the merger agreement– Rulers enjoyed right to privy purses, private properties and privileges only because of the Constitution and in other respects they were ordinary citizens – Thus, on the death of the Ruler in 1966, succession to his private properties was governed by personal laws – Undisputedly, if personal law is to apply then the 1937 Act will apply and since the Ruler was a Shia, his estate will devolve under the Muslim personal law, as applicable to Shias – During the pendency of the suit, the plaint was amended from time to time because of the death of some of the defendants – After the amendment, the shares of all the legal heirs were worked out in para 9-F of the plaint – These shares have not been disputed by any one and hence, are accepted to be correct – Parties entitled to the property as per the shares set out in para 9-F of the plaint which shall form part of the decree – Judgments of Single Judge and Division Bench of the High Court, set aside – Decree passed – No order in the Contempt Petition in view of the directions issued – Succession –Constitution of India– Art.366(2), 363(A), 291 – Government of India Act, 1935 – s.6. |
| Judge | Hon'ble Mr. Justice Deepak Gupta |
| Neutral Citation | 2019 INSC 840 |
| Petitioner | Talat Fatima Hasan Through Her Constituted Attorney Sh. Syed Mehdi Husain |
| Respondent | Nawab Syed Murtaza Ali Khan (d) By Lrs. & Ors. |
| SCR | [2019] 10 S.C.R. 811 |
| Judgement Date | 2019-07-31 |
| Case Number | 1773 |
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