Nisar Ahmad v. Sami Ullah (Dead) through LRs

The Hon’ble Supreme Court of India, in Nisar Ahmad v. Sami Ullah (Dead) through LRs (decided on 24 October 2024), addressed crucial questions regarding the validity of a relinquishment deed and its effect in consolidation proceedings under the Uttar Pradesh Consolidation of Holdings Act, 1953.

The case arose when Zahoor Ahmed, the predecessor of the appellants, claimed ownership and possession over several plots recorded in Khata Nos. 99 and 100. The respondents contended that Zahoor had executed a registered relinquishment deed in 1948, surrendering his rights in certain plots in favour of Sami Ullah. Over time, multiple authorities examined the matter. While some rights of Zahoor were recognized, the relinquished plots were consistently excluded from his entitlement. The Hon’ble Allahabad High Court upheld the validity of the relinquishment deed and restricted the appellants’ share to one-twelfth in the remaining land.

On appeal, the Hon’ble Supreme Court affirmed the High Court’s findings, holding that the relinquishment deed being registered carried a presumption of genuineness and validity. The Court observed that Zahoor Ahmed never challenged the deed during his lifetime, which further strengthened its authenticity. Importantly, the Court clarified that consolidation authorities had erred in applying Hindu joint family principles to determine shares among Muslim parties, emphasizing that succession and property distribution must align with the personal law governing the parties.

This judgment reinforces that a duly registered and uncontested relinquishment deed is legally binding and cannot be disregarded in subsequent proceedings. It also underscores the importance of timely challenges and adherence to the appropriate personal law in property disputes.

Source

https://www.casemine.com/judgement/in/671acaae684b5769b74806bb