successive estates - Validity-Rule against
perpetuities-Construction -"Malik Kamil", "Naslan bad
naslan".
HEADNOTE:
The Oudh Estates ... under the will,
233
The words malik kamil (absolute owner) and naslan bad naslan
(generation after generation) are descriptive of a heritable
and alienable estate
offspring of my son (ba farzandani fsrzandam) from generation to generation (Naslan baad naslin) womb after womb (batnam baad batnio).
2. The whole controversy ... children of my son (Ba Farzandani Farzandam) from generation to generation (naslan baad naslin) and womb after womb (batnan baad batnin). We agree with
offspring of my son (ba farzandani—
farzandam) from generation to generation (Naslan baad
naslin) womb after womb (batnam baad batnin)…
Clause (b).—But, whoever from ... Sahib (deceased), AIR 1935
Mad 638, similar terms ‘batnam bad batnam’ and ‘naslan bad naslan’
were used in the waqf deed with regard to succession
batnam". In Ex. M these words and also the words "Naslan bad Naslan" were used. The primary meaning of the words ... these decisions and do not help us further. The word "Naslan" certainly includes all descendants vide Tyabji's Muhammadan Law, Section
accepting nazrana created absolute and
heritable right from generation to generation (naslan baad
naslan and batnan baad batnan) over the suit property in favour ... rights over the suit property, to be
enjoyed from generation to generation (naslan baad naslan and
batnan baad batnan).It is further submitted that
corresponding to the translated expression 'generation after generation' is 'Naslan bad naslan taut-nun baad butnun". in Ahmad Azin v. Sari ... heritable only by the lineal male descendants'.
The expression 'naslan bad naslan' was held to mean 'heritable and alienable estate
ship was to descend to the issue of the two nephews "naslan bad naslan wa batnan bad batnan daimun wa abdan ghair munqataan wala ... Buniyad AH Khan. Our attention has been called to the original words, naslan bad naslan, etc., which have been quoted in the earlier part
character of the revenue free grant) states "Madad mash daimi naslan bad haslan" (an aid to maintenance to be continued generation after generation ... grantees' family from generation to generation (madad mash daimi naslan bad naslan). The right was therefore restricted in its enjoyment to this family
further urge that the original vendees never remitted the rent in perpetuity (naslan bad naslan), and if they did, the remission could only be legally ... believing that the arrangement was not one that bound the parties "naslan bad naslan," and in the absence of the original documents
T John vs State Of Karnataka on 17 February, 2026
Author: Suraj Govindaraj
Bench: Suraj
