Case Title:- ZOHARBEE & ANR. vs. IMAM KHAN (D) THR. LRS. & ORS.
Citation:- 2025 INSC 1245
Date:- 16.10.2025
Hon’ble Supreme Court Bench:- JUSTICE SANJAY KAROL & JUSTICE PRASHANT KUMAR MISHRA
The Hon’ble Supreme Court affirmed the Hon’ble Bombay High Court’s decision that had denied a Muslim widow a 3/4th share in her late husband’s estate. The Court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share.
- The Hon’ble Court held that under Muslim personal law, a widow without children is entitled to only 1/4th share of her husband’s property.
- The case involved Chand Khan, who died intestate and childless, and his widow Zoharbee, who claimed a larger share.
- The deceased’s brother argued part of the land was already transferred through an agreement to sell, but the Court clarified that such agreements don’t transfer ownership under Section 54 of the Transfer of Property Act.
- The Hon’ble Court explained that the matruka (estate left behind) must be divided strictly as per Qur’anic inheritance shares.
- It cited Chapter IV, Verse 12 of the Qur’an, which fixes a widow’s share at one-fourth if there are no children, and one-eighth if there are.
- The Hon’ble Court reaffirmed that Muslim inheritance law allows no discretion, ensuring certainty and equity among heirs.
- The Hon’ble Court dismissed the widow’s plea and emphasized strict adherence to Islamic succession rules.
