Ahmedabad: The Gujarat High Court has rejected a Muslim woman’s claim to a share in her late father’s properties, holding that the Hindu concept of joint family does not apply under Mohammedan law.
Justice J C Doshi dismissed petitions filed by descendants of Valimohammad Kaduji and his wife Ayesha. The petitioners had challenged a 1983 family settlement related to properties in Vadodara’s Akota and Tandalja areas, later developed into Jumeirah Park.
Kaduji’s daughter sought administration of the estate. She alleged that her brothers misled her regarding the properties. Under the 1983 settlement, daughters received Rs 30,000 each. Her sister relinquished her rights at that time.
In 2024, a trial court granted her an injunction. The defendants appealed. They argued that she approached the court after 37 years and raised objections only when real estate development plans surfaced. They also stated that her share had already been settled monetarily.
The High Court set aside the trial court order. It held that Muslim succession follows an individual system. The court stated that there is no presumption that property acquired by family members benefits a joint family under Mohammedan law. It clarified that concepts such as coparcenary and ancestral property do not apply. Heirs hold only a chance of succession during a person’s lifetime, based on the principle that no one is an heir of a living person.
The bench found no evidence of partnership, agency, or trust to support her claim. The ruling reaffirmed that Muslim personal law does not recognise joint family property rights.
