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8. In the instant case, if, on 1-3-1974 Basheeruddin was a minor, which position is not admitted by the petitioner's Counsel, the order of the Tribunal needs to be modified, so as to add four additional units to the ceiling limit of declarant. But, as contended by Sri Apparao, assuming that he was a major as on 1-3-74, question is whether he would be entitled to 10 units, i.e., 54 acres, in his own right, treating himself as a "Family".

9. The declarant is a Muslim. Under the Personal Law of Muslims, a son does not get any right to the property during his father's life time. Dr. Tahir Mahmood in his book "The Muslim Law of India", in Chapter dealing with Law of Inheritance states:

"3. In Muslim law, so long as a person is alive he or she is the absolute owner of his or her property ; nobody else (including a son) has any right, whatsoever in it. It is only when the owner dies and never before that the legal rights of the heirs accrue. There is, therefore, no question of a would-be heir dealing in any way with his future right to inherit.
4. The Indian legal concepts of 'joint' or 'undivided' family, 'coparcenary', 'Karta', 'survivorship', 'partition', etc., have no place in the law of Islam. A father and his son living together do not constitute a 'joint family' ; the father is the master of his property ; the son (even if a minor) of his, if he has any. The same is the position of brothers or others living together."
owner, landlord, tenant, mortgagee with possession or otherwise, partly in one capacity or partly in another.
The above being the only capacities, which entitles a person to hold the land, it is obvious, one who does not belong to any one of these categories would not be entitled to hold land for purposes of ceiling. A Muslim son cannot claim ownership rights, during the lifetime of his father. But, Mr. Apparao argued that such an interpretation would be violative of Article 14 of the Constitution and would be discriminatory. Since the Act is included in the Ninth Schedule, this argument has to be rejected. But the question still remains whether 'major sons' of other Communities can be treated as such? The Act does not make any distinction between Hindus and Muslims. Wherever it intended to refer to Hindus specifically, it is so mentioned ; for example : Section 2(17) "Hindu Joint Family". The concepts of, "Family", "Joint Family", "Limited Owner", "Stridhana land" should be understood, as defined in the Act, uninfluenced by personal Law governing the parties. It is applicable to one and all, irrespective of their personal law. That it is so, is made clear by the Supreme Court in Nand Lal -v.- State of Haryana.

15. Mr. Apparao, however, relied on the following observation in Syed Shah Naimatuall Hussaini -v.- Land Tribunal, Sedam & Another W.P. No. 18925 of 1984 DD. 4-3-1985:

"Further the Land Tribunal was in error in not allotting two separate shares to the two major sons of the petitioner since the Karnataka Land Reforms Act, 1961, does not make any distinction between the Hindu Law and Muslim Personal Law for the purpose of determining the surplus land under section 63 of the aforesaid Act. The word 'family' as defined under the aforesaid Act applies both to Hindu and Muslim families."