AIR 2001 SUPREME COURT 3067 ::2001 AIR SCW 4087 ::2001 ALL. L. J. 2602 ::(2001) RevDec 851 ::2001 (8) SCC 599 ::(2001) 7 Scale 143 ::(2001) 4 All WC 3168 ::2002 (1) UC 20 ::2001 (7) Supreme 503 ::2001 (10) SRJ 261 ::(2001) 8 JT 444 (SC)

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): S. S. M. Quadri, S. N. Phukan , JJ

(A) Uttar Pradesh Zamindari Abolition and Land Reforms Act (1 of 1951) , S.169, S.171— Muslim Law Inheritance/succession - Principle of muslim law that no person can give away by way of bequest more than 1/3rd of his property - Does not apply in cases of succession to Bhoomi- swami land - Scheme under ZALR Act applies in regard to Bhoomiswami land. The property (both movable as well as immovables) left by a deceased Muslim is called Matruka. The scheme of distribution of Matruka among the heirs of a deceased Muslim is that first that part of the Matruka which is covered by a Will of the deceased, if there is a valid Will, (subject to a maximum of 1/3rd of the total Matruka provided it is not in favour of an heir) will be separated and given @page-SC3068 to the legatee. The balance of Matruka alone is distributable among the heirs and in the proportion ordained under the Mohammedan Law. However, in regard to Bhoomiswami land the distribution of Matruka will be governed by Ss. 169 and 171 of U.P. Zamindari Absolution and land Reforms Act of (ZALR) Act . Consequently the limitation placed under the Mohammedan law that the bequest should not exceed 1/3 rd of the Matruka of the deceased and it should not be in favour of an heir, will not apply, so also classification or heirs and the proportion in which they will inherit Matruka unde....