High CourtsDivision Bench(1901) 12 MAD CK 0022

Ameer Ammal vs Sankaranarayanan Chetty

Madras High Court · Decided on 18 December 1901 · Citation: (1902) ILR (Mad) 658

HON’BLE JUDGES
Moore, J · Bhashyam Ayyangar, J

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Judgment

5 paragraphs · 120 words
1.

The decision of the District Judge is, in our opinion, right. A widow''s claim for dower under Muhammadan Law is not a lien on her husband''s

property such as is obtained by a mortgage. The Muhammadan Law has nowhere placed a claim for dower as high as a mortgage, but has ranked

it on a par with ordinary debts Mussamut Wahidunnissa v. Mussamut Shubrathen 6. Beng. L.R. 54. In the present case the widow has no doubt

been in possession since the death of her husband, but such possession can give her no right as against a purchaser in execution of a decree for

sale passed on a mortgage executed by her husband. This appeal is dismissed with costs.