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Fatwa, and its validity in relation to the ownership of immovable property

Why in the News

The Delhi High Court has ruled that none of the legality regarding ownership in immovable property is associated with "fatwa" and is not binding on any third party.

"The Court in seisin of a dispute would have to satisfy itself as to the legality and validity of the claim to ownership and only then pass an order in accordance with law. There cannot be any legality or validity attached to a fatwa, especially in respect of ownership in an immovable property. Such a declaration would also not be binding on any third party."

Incorporating the Transfer of Property Act, 1882 into the ownership of immovable property, the Court stated that,

"While inheritance can undoubtedly be decided on the basis of personal law, in the present case, there has been no adjudication as to who has inherited the suit property which belongs to Mst. Mussharaf Begum and in what share. A Court of law would have to adjudicate this issue after considering the documents and evidence before it. A mere unilateral fatwa allegedly issued in favour of one Mohd. Salim Hussain, on the basis of which his son purportedly transferred the rights to the Plaintiffs, cannot be a valid and legal transfer in the eyes of law - that too, for decreeing a suit under Order XII Rule 6 CPC."

What was the case

According to the petitioners, they were the owners of the suit's property through six registered sale deeds and an edict (FATWA). All petitioners returned title to the property of the suit to one the original owner, Mst. Musharraf Begum.

The Respondent was the tenant of Mst. Musharraf Begum.

The petitioners demanded arrears of rent and leave of the premises, the respondent argued that the original owner had transferred a declaration of ownership in favor of the tenants.

What is ‘Fatwa’?

A fatwa is a nonbinding legal opinion on a point of Islamic law (Sharia) given by a qualified jurist in response to a question submitted by a private person, judge or government.

The jurist who issued the fatwa is called ‘mufti’, and the act of issuing the fatwa is called ‘ifta’.

The legal doctrine of the fatwa was formulated in the classical texts of usul al-fiqh (principles of jurisprudence), while the more practical guidelines manual for the muftis called adab al-mufti or adab al-fatwa (courtesy of the mufti / fatwa) Were found in.

The Order XII Rule 6 of the CPC

The Order XII Rule 6 of the CPC has the power to strike vague lawsuits immediately but has been consistently ignored. The rule provides for a decision based on admissions made by a party during any phase of the trial. This article explains the nuances for the same and encourages the use by courts for an efficient justice system.

Transfer of property act, 1882

According to the Act, 'transfer of property' means an act by which a person grants property to one or more persons, or himself and one or more persons. Transfers can be done currently or for the future. Person may include an individual, company or association or body of individuals, and any type of property may be transferred, including transfer of immovable property.

What is Personal Law?

Personal law is defined as a law that applies to a certain class or group of people or a particular individual based on religions, beliefs and culture. In India, all people are of different caste, religion and have their own faith and belief. Their faith is determined by a set of laws. And these laws have been made keeping in mind the various customs that come after that religion.

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