JAI NARAIN VYAS UNIVERSITY, JODHPUR

FACULTY OF LAW
2018-19

CASE CONCERNING MOHAMMEDAN LAW

S………….………………..…………….……………….…………...……..……PLAINTIFF

Vs

S1 & D....……………………....………………………………...……..………DEFENDANT

MEMORANDUM ON BEHALF OF THE DEFENDANT

SUBMITTED BY- SUBMITTED TO-

Khushali Bagrecha DR. Priyanka Goswami

BBA LLB VIII Semester

Roll No. 21

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Memorial on behalf of the Defendant
 TABLE OF CONTENTS

Serial No. Topic Page No.

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1. STATEMENT OF FACTS

STATEMENT OF ISSUES 4
2.

SUMMARY OF ARGUMENTS 5
3.

ARGUMENTS ADVANCED
6
4.

5. 9
PRAYER

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Memorial on behalf of the Defendant
 STATEMENT OF FACTS

 ‘A’, a Sunni Muslim died leaving behind two sons ‘S’ and ‘S1’ and one daughter ‘D’.

 ‘S1’ and ‘D' were born out of wedlock of ‘A' and his wife ‘W'.

 ‘S’ filed a suit against his younger brother ‘S1' and sister ‘D'.

 ‘S’ alleged that he is the elder son of the deceased father ‘A' and claimed inheritance
rights in the property left behind by ‘A'.

 The defence was that the plaintiff ‘S' was only the stepson of the deceased.

 ‘S’ was born of their mother ‘W' before she married their father, the deceased.

 The plaintiff contented that even if he failed to prove that he was the son of the
deceased, he has been acknowledged as son on various occasions by the deceased.

 He filed certain letters also in which he had been referred as his son by the deceased.

 There were no prohibitions of marriage between ‘A' and ‘W'.

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Memorial on behalf of the Defendant
 STATEMENT OF ISSUES

 Whether or not ‘S' is entitled to inherit the property of the deceased ‘A'.

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Memorial on behalf of the Defendant
 SUMMARY OF ARGUMENTS

 Whether or not ‘S' is entitled to inherit the property of the deceased ‘A'.

It is humbly submitted before the Honourable Court that the Son ‘S’ cannot claim
inheritance rights in the property of the deceased as he has not established himself as
the legitimate son of the deceased father and the acknowledgement is not in
accordance with the Muslim law, therefore it is invalid. Therefore, no legitimation is
conferred on ‘S' by the deceased.

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Memorial on behalf of the Defendant
 ARGUMENTS ADVANCED

1. It is submitted before the Honourable Court that legitimacy is the most essential
requirement to claim the rights of inheritance. And an illegitimate child has no right
under to claim inheritance from his father’s property according to the Sunni School of
Muslim Law.

2. In no school of Muslim law, an illegitimate child has any right of inheritance in the
ownership of his putative father.

3. It is further contended that parentage is exclusively established with the real father
and mother of a child, and only if they beget the child in a lawful matrimony.

4. It is clear from the facts stated that ‘S’ was not born in the lawful matrimony and
therefore parentage could not be established between ‘S’ and the deceased.

5. ‘S’ was only the step son of the deceased having been born of the mother ‘A’ before
her marriage with the deceased.

6. It is further submitted that there is no proof that ‘S’ was the son of the deceased,
legitimate or illegitimate.

7. It is clearly stated that ‘S’ was only the stepson of the deceased which certainly
implies that the deceased is not what the father of the plaintiff.

8. It is further submitted to the Honourable Court that even though the plaintiff was
acknowledged as his son by the deceased but that holds no value as such an
acknowledgement is not valid as per the basic principles of Muslim law.

9. As per Usman Myan vs Vali Mohammad, an acknowledgement is not valid if the

child is the offspring of the another.

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Memorial on behalf of the Defendant
 10. It is further submitted that the Muslim law does not recognise the western concept of
legitimation that is conception of child outside the wedlock.

11. It is further submitted that ‘S’ was not the son of the deceased; that he was not
legitimated by the deceased, and that he well knew that he was, at the highest, nothing
more than a step-son, and had no right to any share in his property.

12. A Muhammadan could not make another person’s son his own, but that all that could
do was to give his illegitimate son the status of legitimacy, if he desired to do so.

13. Therefore it is clear that the status of legitimacy can only be conferred upon the
illegitimate son of the acknowledger himself. A person cannot acknowledge a child
who is the child of another.

14. It is further submitted before the Honourable Court that the claim of the plaintiff that
he had been acknowledged as his son by the deceased is baseless as the
acknowledgement itself is not a valid one.

15. Even though the deceased acknowledged ‘S’ as his son, but it didn’t conferred
sonship, a legitimate sonship on ‘S’.

16. It is clear that neither parentage nor legitimacy could be established between the
deceased and the plaintiff.

17. As per the Sunnis, only the legitimate child is entitled to inherit from the property of
the father.

18. Henceforth, the deceased being a Sunni male, the plaintiff cannot claim the rights of
inheritance in the property of the deceased.

19. In the light of aforementioned arguments, it is contended that the plaintiff has no right
under the Muslim law to inherit the property of the deceased.

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Memorial on behalf of the Defendant
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Memorial on behalf of the Defendant
 PRAYER

Wherefore in the light of the Issues Raised, Argument Advanced and Authorities Cited, the

Hon’ble Court may be pleased to:

1. Declare that the plaintiff has no right of inheritance in the property of the deceased.

2. Dismiss the suit.

AND/OR

Pass any other order, direction or relief that it deems fit in the interest of Justice, Equity

and Good Conscience.

For this act of kindness, the defendants shall duty bound forever

pray.

Sd/-

(Counsel for the Defendants)

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Memorial on behalf of the Defendant