Recently, the Supreme Court affirmed the Bombay High Court's decision that had denied a Muslim widow a 3/4th share in her late husband's estate. The top court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share. However, the apex court clarified that a mere agreement to sell executed by the deceased's brother could not defeat the widow's inheritance rights, since such an agreement neither transfers nor extinguishes ownership. As per details, the case concerned the estate of one Chand Khan, who died intestate and childless. His widow, Zoharbee (appellant), claimed entitlement to three-fourths of the property, contending that under Mohammedan law she was the primary heir. The respondent, the deceased's brother, argued that a portion of the land had already been transferred through an agreement to sell executed by the deceased during his lifetime, and thus should be excluded from the inheritance pool. The trial court accepted this contention, but the appellate court and the High Court reversed that view, holding that the agreement to sell did not create any ownership rights. ‘You Too Committed Offence By Having Sex Outside Marriage’: Supreme Court Warns Married Woman Over Affair, Upholds Lover’s Bail.

Muslim Wife Having No Child Is Entitled To Receive Only 1/4th Share, Says Supreme Court

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