AIR 1991 SUPREME COURT 720 ::(1991) 1 CivLJ 660 ::1990 (4) SCC 672 ::1991 (1) All CJ 69 ::1990 (3) CurCC 368 ::(1992) 20 All LR 673 ::(1991) 1 APLJ 25.1 ::1991 (2) MadLW 116 ::(1991) 1 Ker LT 108 ::(1991) 1 LandLR 193 ::(1990) 2 BankLJ 385 ::(1990) 19 DRJ 288 ::(1991) 5 JT 420 (SC) ::1991 (5) JT 420

Supreme Court Of India

(From : AIR 1975 Kerala 91)

Hon'ble Judge(s): A. M. Ahmadi, M. M. Punchhi , JJ

Muslim law - Muslim dying intestate - Liability of heirs to discharge his debt - Is individual - Acknowledgement of debt by one heir - Would be confined to himself and cannot be extended to other co-heirs - Fact that he was in possession of estate would not make him liable for entire debt. Limitation Act (36 of 1963) , S.18, S.19, S.20— The heirs of a muslim dying intestate on whom falls the liability to discharge the debt, proportionate to their respective shares in the estate devolved, can hardly be classified as joint contractors, partners, executors or mortgagees. They are by themselves independent debtors; the debt having been split by operation of law. Inter se they have no jural relationship as co-debtors or joint debtors so as to fall within the shadow of contractors, partners, executors or mortgagees or in a class akin to them. They succeed to the estate as tenants-in-common in specific shares. Even a signed written acknowledgment by the principal or through his agent would bind the principal and not anyone else standing in jural relationship with the principal in accordance with S.20(2). The Muslim heirs inter se have no such relationship. Therefore the acknowledgment of the debts only by only one heir can be confined to himself and cannot be extended to the other co-heirs for their independent position. The payment made on account of debt by the o....