Mohd. Ashraf & Another v. Sadiq (Since Deceased) through LRs & Others, 2026
It aligns with progressive interpretation of Articles 14 & 15 to eliminate gender-based discrimination in inheritance.
Judgement Details
Court
Punjab & Haryana High Court
Date of Decision
28 January 2026
Judges
Justice Virinder Aggarwal
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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Akkal, a member of the Meo community, died issueless, survived by his widow, Smt. Rehmani.
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The property in dispute: 42 Kanals 19 Marlas of agricultural land.
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Plaintiff (collateral heir) claimed under Meo customary law that a widow acquires only a life estate, and the property should revert to collaterals.
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During her lifetime, Rehmani executed a registered sale deed (04.01.1982) to the defendants.
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Plaintiff challenged the sale alleging:
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Lack of legal necessity
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Absence of consideration
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Violation of customary restrictions limiting widow’s authority to alienate property.
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Trial Court & First Appellate Court held the widow could not alienate the property without collateral consent.
Issues
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Whether a widow can alienate non-ancestral property inherited from her deceased husband without obtaining consent from collateral heirs?
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Whether customary restrictions preventing a woman from dealing with non-ancestral property are constitutionally valid?
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Whether the sale of non-ancestral property by a widow for legally recognized necessity can be declared void merely for lack of consent of collaterals?
Held
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Widow competent to alienate non-ancestral property inherited from her husband without consent of collaterals.
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Customary restrictions limiting a widow’s rights over non-ancestral property are constitutionally invalid.
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Sale for legally recognized necessity is valid and enforceable.
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Lower courts’ rulings were legally untenable and set aside.
Analysis
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Affirms constitutional primacy over customary law when it discriminates against women.
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Distinguishes ancestral vs non-ancestral property in the context of women’s rights.
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Emphasizes individual autonomy of widows in property management.
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Aligns with progressive interpretation of Articles 14 & 15 to eliminate gender-based discrimination in inheritance.