Excelsior Correspondent
SRINAGAR, Dec 18: High Court has reprimanded the revenue authorities for excluding a woman from the share of her father’s property and quashed all the orders of revenue officials in this regard with the direction to the Divisional Commissioner Kashmir to ensure the share of father of the woman is provided to her as per Muslim Personal Law.
Justice Vinod Chatterji Koul while quashing all the mutation and orders of Revenue Department said the attestation of mutation is only for updating the revenue records and such records are maintained for fiscal purposes. Upholding or setting-aside the order of mutation will not deprive a person from having recourse to other remedies as may be available and permissible.
“It is very painful to say that a brother cannot be heard saying that his sister is entitled to property of his/her father only when she moves a suit in a particular style/manner and then only she can be after long drawn litigation entitled to inherit property. Such absurd contentions are unacceptable rather than depreciative. Quranic injunctions command inheritance of the daughter in the property left behind by her father”, Justice Koul said.
The court said the revenue officers, including Settlement Officer and Settlement Commissioner, have oblivious of Muslim Personal Law, passed impugned orders. In essence and core, they have declared Mukhti as not being the daughter of Late Munawar Ganie. As a matter of fact, she has been excluded from inheriting the property of her father’s property.
Justice Koul said the judgment of DB has long since attained finality and all that has been said and observed therein, in law, is a binding precedent and as a consequence whereof subordinate courts, which includes revenue courts, and in the present case Settlement Commissioner and Settlement Officer were under legal obligation to follow it in letter and spirit. However, they have startlingly done contrary thereto.
Court allowed the writ petition of the next kins of Mukhti as she died during the litigation and quashed the order dated 8th December 2010 passed by Settlement Commissioner in appeal as also order of Settlement Officer dated 28th July 2009 in appeal.
Court directed the revenue officials at the helm of affairs to implement the judgment of the Division Bench passed in the year 1996 passed, in letter and spirit, by giving petitioners the share of their mother, Mukhti, in the property of Munawar Ganai father of Mukhti to the extent of 69 Kanals 2 Marlas of land situated at Zainakote Tehsil Srinagar as per Muslim Personal Law within three months from today.
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