Srinagar, Sep 29: A court in Pattan, in north Kashmir’s Baramulla district, has held that a son does not acquire a vested or indefeasible proprietary interest by birth in property owned by his living father under the principles governing Muslim personal law.
Sub Judge Pattan Anjeet Singh passed the observations while deciding a property dispute in which the plaintiff-son sought to assert rights over his father’s immovable property during the latter’s lifetime.
The court observed that a mere expectation of succession, legally described as spes successionis, does not create a present or enforceable right, title or interest in the property.
The court also considered the plaintiff’s reliance on an unregistered family settlement and held that the document was insufficient to establish a legally enforceable proprietary interest in the disputed immovable property.
While hearing an application under Order VII Rule 11 of the Code of Civil Procedure, the court rejected the plaintiff’s claim seeking such rights in his father’s property during his lifetime.
The court’s ruling reiterated the distinction between a present proprietary interest and an expectation of future inheritance, observing that under Muslim personal law, inheritance rights ordinarily arise upon the death of the property owner and do not vest in prospective heirs during the owner’s lifetime.
Advocate Mujtaba appeared for the defendants in the matter. (CNS)
