The Supreme Court has delivered a significant ruling, affirming a widow’s inheritance rights as per Muslim law. The court stated that all property left by a deceased individual is considered ancestral and subject to distribution according to Islamic inheritance principles.
Furthermore, the apex court expressed considerable dissatisfaction with the quality of English translations of trial court judgments. It emphasized the critical importance of accurate translations in legal proceedings, noting that every word and comma can significantly impact the interpretation and fairness of adjudication, especially in appellate matters.
A bench, comprising Justices Sanjay Karol and Prashant Kumar Mishra, stressed that translations must faithfully reflect the original meaning and spirit of the text. “Due care has to be taken to ensure that the true meaning and spirit of the words in the original language are translated into English for the courts in appeal to comprehend what had transpired below…” the court stated.
This landmark decision emerged from a case involving a dispute over the property of Chand Khan, who passed away without children. His widow, Zoharbee, claimed a three-fourths share of his property, asserting it as ‘matruka’ property under Muslim law. However, Chand Khan’s brother, Imam Khan, contested this, arguing that the properties had been transferred through sale agreements during Chand Khan’s lifetime.
The Supreme Court clarified that an agreement to sell a property does not, in itself, transfer ownership rights. Since the sale deeds for the disputed properties were executed after Chand Khan’s death, the court ruled that the property remained his at the time of his demise and should be treated as ‘matruka’ property, divisible according to Muslim inheritance law. Justice Karol, writing the judgment, noted, “The property agreed to be sold was, at the relevant time, still the property of Chand Khan and therefore would be subject to division of property as per the applicable law.”
The court also defined ‘matruka’ as property left behind by a deceased person, subject to Muslim inheritance laws. Under these laws, a widow is entitled to a one-fourth share if the deceased had no children, and one-eighth if there were children.