Zoharbee vs Imam Khan (D) 2025 INSC 1245 - Muslim Law - Matruka Property

Muslim Law- Matruka Property - The property, both movable as well as immovable left by a deceased muslim is called Matruka- matruka property simply refers to property left behind by deceased person and nothing more. Regarding the devolution of matruka property, Will is the first document that is to be satisfied subject to the limits imposed by Muslim Law, namely, that it cannot exceed one-third of the estate and cannot ordinarily be made in favour of an heir without the consent of the other heirs, and then whatever remains hereafter, is to be distributed strictly as per the rules of intestate succession prescribed in Muslim Law. (Para 8-9)

Muslim Law- Sunni Law -The first and foremost thing to be accomplished with the estate of a deceased person is the payment for expenses, debts and legacies. Thereafter, comes allotment of shares to such relations who are entitled to a prescribed share. What follows is that if any part of the estate remains, the same is divided among the residuaries. Should there be a situation where there are no sharers, the residuaries will come into the entirety of the inheritance. It is further provided that if there are neither sharers nor residuaries, ‘distant kindred’ shall be entitled to the same. 14. A perusal of the above extracted principles of Muslim Law of inheritance depicts that the sharers are entitled to a prescribed share of the inheritance and wife being a sharer is entitled to 1/8th the share but where there is no child or child of a son how low so ever, the share to which the wife is entitled is 1/4. (Para 12-14)

Practice and Procedure- In matters of law, words are of indispensable importance. Each word, every comma has an impact on the overall understanding of the matter. Due care has to be taken to ensure that the true meaning and spirit of the words in the original language are translated into English for the Courts in appeal to comprehend what had transpired below. (Para 17)

Transfer of Property Act - Section 54 - An agreement to sell does not confer any rights nor does it vest any interest into the party that agrees thereby to buy a particular property. (Para 8)

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