Title: Nabisab s/o. Huchchesab Agnnamani AND Hatelsab s/o Huchchedab Sannamani
Case No: REGULAR SECOND APPEAL NO. 1467 OF 2007
Date of Order: 14-07-2023
CORAM: HON’BLE JUSTICE JUSTICE V SRISHANANDA
INTRODUCTION
According to the Karnataka High Court, a son born in a ‘Batil’ marriage as it is void-ab-initio under Mohammadan Law is considered illegitimate and is not entitled to any rights of succession under the law.
FACTS OF THE CASE
The plaintiff claims that the suit properties are ancestral and were received through a partition in 1999 with his uncle and other relatives. After the partition, the plaintiff’s name was mutated in revenue records, and he has been in possession of the property as its owner.
However, a stranger to the family, the defendant, started interfering with the property and claimed ownership despite having no right, title, or interest in it. This prompted the plaintiff to file a lawsuit seeking a declaration of his ownership and an injunction against the defendant’s interference.
In the defendant’s written statement, he contends that he is the son of Fakiramma, who was the second wife of Huchhesad, the plaintiff’s father. Based on this claim, the defendant believes he is entitled to half of the suit property.
COURT ANALYSIS
The court upheld the appeal submitted by Nabisab Agnnamani, who was the original plaintiff. They overturned the decision of the first appellate court, which had granted Hatelsab Sannamani, the original defendant, a fifty percent share of the ancestral property. The court ruled that Hatelsab Sannamani is considered a lawful son of Fakiramma and Huchchesab, who happens to be the father of the plaintiff.
The court said “Therefore, even though the defendant is the son of Huchchesab through Fakiramma, he would be considered as an illegitimate son. The finding recorded by the First Appellate Court without there being any discussion that the defendant and his sister Fatubi are the legitimate son and daughter of Fakiramma needs interference by this Court in this appeal”
It held that unless the first marriage of Fakiramma with Moulasab Menasagi is duly dissolved as per the Mohammadan law, her marriage with Huchchesab should be considered as a ‘Batil’ marriage.
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Written by- Shreya Sharma
