Excelsior Correspondent
Srinagar, Feb 22: High Court held that the daughter cannot be excluded from the share of ancestral property in revenue records without relinquishing her share with consent.
Justice Javed Iqbal Wani upheld the order of the Financial Commissioner (Revenue) passed in a revision petition whereby the daughter had challenged the mutations bearing No. 804 attested way back in 1986 only in favor of sons of the deceased Shaban Ganai and excluding her daughter- Rehti from the share of the property left by her father.
The FC-Revenue upon considering the revision petition and after hearing the contesting parties, being, of in terms order which came to be challenged by the son of the deceased, allowed the revision petition and set aside the impugned mutations fundamentally on the ground that the initial mutation 804 has been attested in a violation and illegally excluded the daughter of the deceased, from succeeding her father Shaban Ganie and said the mutation is not sustainable.
Justice Wani while dismissing the instant petition challenging the order of FC said the record manifestly tends to show that while the petitioners (sons) and respondent-3 (daughter) have been shown to have succeeded deceased Shaban Ganie in the matter of inheritance, only the petitioners (sons) have been vested with a share out of estate of Shaban Ganie, excluding daughter.
The court said the record does not reveal as to why the daughter was excluded to inherit her father and under what circumstances mutation 804 came to be attested in her absence, it can safely be said that the mutation has been attested in breach and violation of the law of succession under Muslim Personal Law, inasmuch as the provisions of law.
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