Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan

Here we will learn the topic Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail

Jafri Begum (Defendant) Vs Amir Muhammad Khan (Plaintiff).

Reference (1885) 7 All. 822 (F.B.)

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum

Subject of the Case

Whether devolution of the estate of an intestate deceased Mohammedan is suspended till the payment of his unpaid debt or it devolves immediately on his death upon his heirs?

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum

Facts of the Case

Ali Muhammad Khan died in 1878.He left behind him his parents, widow Wirsat Begum two sons Ali Ahmad and Abdul Majid and three daughters Banarasi Begum, Niyas Begum and Jafri Begum and brother Amir Muhammed Khan and his heirs.

On 8th. Dec., 1879 Abdul Rahaman husband of Jafri Begum obtained a decree for debts due from the deceased against

Wirsat Begum, Ali Ahmad, Abdul Majid, and the three daughters put the estate of the deceased, along with the execution of decree 10 Biswa of village Bakhtiarpur, up for sale, and Abdul Rahaman himself purchased the same in the auction sale.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum

Amir Muhammad Khan, the brother of the deceased, filed this suit against the widow, the sons and the daughters of the deceased for the recovery of his 35/168 Sehams. The Parents of the deceased also died before the filing of the suit.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum

In her written statement Jafri Begum argued that she was the sole owner being the only representative alive of her

deceased husband Abdul Rahaman who had purchased 10 Biswas of village Bakhtiarpur in auction sale in execution of a decree

for the debts due from Ali Muhammad Khan

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail

Decision of Trial Court

On the basis of Luchmeeput Singh Vs. Sita Nath I.L.R. 8 Cal. 477, Trial Court held that the whole of the village Bakhtiarpur belonged to deceased Ali Muhammad Khan out of

Abdul Rahaman purchased 10 Biswas in execution,

but since the plaintiff was not a party to that suit, he cannot be debarred from obtaining his legal share. The suit of the plaintiff was, therefore, decreed. Jafri Begum filed an appeal in Allahabad High Court against this decision.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum

Decision of High Court

The attorney argued on behalf of the appellant Jafri Begum that “When the appellant’s vendor purchased the property to satisfy the debt that the ancestor owed, in execution of a decree that the court had duly obtained against all the heirs in possession of the estate, the plaintiff can no longer claim such property, especially since he did not prefer any objection in the course of the suit notwithstanding that he had full knowledge of the same.” “Assuming the decree to be correct, it should have ordered payment of the proportionate debt by the respondent before awarding possession.”

This appeal was presented before J Mahamood straight for his hearing but he referred it to the Full Bench along with questions to be decided.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail

Decision of Full Bench

Answering the questions, their Lordships of Full Bench observed that

(i) In case a Mohammedan dies intestate leaving
his unpaid debts his estate devolves immediately on his death upon his heirs and it does not suspend till the payment of his unpaid debts.

(ii) The court cannot debar such an heir who neither made himself a party in the suit nor possessed the property at the time of the auction sale from claiming his share out of the estate of his deceased ancestor.

(iii) Such an heir who neither made himself a party in the suit nor possessed the property at the time of the auction sale can obtain possession of his share of the estate provided he pays the debt of his share.

The Full Bench held that in the present case all the heirs

may obtain a decree for possession of their shares if they pay such portion of the purchase money as would represent their proportionate share of liability to the ancestor’s debts liquidated by the proceeds of auction sale. Full Bench, therefore, decreed the suit of the plaintiff and dismissed the appeal of the appellant.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail

Principles of Law Laid Down

If a Mohammedan dies intestate leaving behind him his unpaid debt then such a debt will be paid out of

his estate.

In such a payment, the creditor does not take the nature and extent of the debt into consideration.

If a Mohammedan dies intestate leaving behind him his unpaid debt then his estate devolves immediately on his death upon

his heirs and is not suspended till the payment of the debts of the deceased.

Explain the facts and principles of law laid down in Jafri Begum Vs. Amir Muhammad Khan in detail
Jafri Begum

A co-heir shall not be entitled to a decree for the possession of his share without payment of

his proportionate share of the debt liquidated by the proceeds of the auction sale. This rule is based upon the principles of equity rather than on any rule of Mohammedan Law.

Here we will learn the topic Explain the facts and principles of law laid down in Jafri Begum Vs.

Amir Muhammad Khan in detail