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Documents citing Abdul Rahiman Sahib And Ors. vs Uthumansa Rowther And Ors. on 25 March, 1924

Sh. Ausaf Ali vs Sh. Saleem Ahmad on 15 February, 2014

15. It is an admitted case that the plaintiff and defendant no.1 belong to Sunni Sect of Islam. As per law as discussed above given in Valanhiyil Kunhi Avulla and Others v Eengayil Peetikayil Kunhi Avulla and Others AIR 1964 KERALA 200 (V) 51 & 59 and Abdul Rehiman v Uthumansa AIR 1925 Madras 997, a Sunni cannot make a gift of his estate in entirity without taking prior consent of all his legal heirs or the consent of all the legal heirs affected by such disposition shall be taken after his death expressly or impliedly or by way of passive acquiescence.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Hayath Mohiddin vs Mohammad Murthaja @ Dadesaheb Since ... on 7 June, 2010

.'"\....> 5"'. 3" 4. K2 3 4&1 I\.D ?. Even assuming for the time being that the will was executed, there is no ratification or consent of the natural heir of the testatoryyand thereby the said will is illegal. On this asfiecticry the matter, the learned senior counssy figs re;iQfix upon (1) The decision of the Honfbledflighx§oar;Vof Madras reported in 1925 =5/,<aa;:asV"'-9&5'; V Sahib and others Vs. Uthumunsa Rowther and others}, wherein the Hon'ble sigh-conrtkhasrheld that under the Sunni Lawy a testamenta;y7 disposition by a Musalman is §infialiqfi_in tso "tar near it purports to dispose ofi moredVthan°:¢ne~thirdf of the testator's estate iorr to. benefit ;any7 of his heirs unless the heirs whose rights are affected by such disposition _ consent to it after his death expressly or impliedly l; of by fiassiye acquiescence.
Karnataka High Court Cites 19 - Cited by 0 - Full Document

Abdul Gaffar vs Liyakat Hussain & Ors. on 20 August, 2025

Further reliance is placed on judgment passed by Madras High Court in case of Rahiman Sahib & Others Vs. Uthumansa Rowther reported in AIR 1925 Madras 997. In said case it was held that bequest of more than 1/3rd of testator's property in favour of legatee is invalid unless other heirs consent expressly impliedly after testator's death. Prayer is made for dismissal of First Appeal.
Madhya Pradesh High Court Cites 4 - Cited by 0 - V Dhagat - Full Document
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