Abusali Sithi Fareeda v. Mohamed Noor and Mohamed Farook – SC APPEAL 134/2013-2014

In the case between Abusali Sithi Fareeda (Appellant) and Mohamed Noor and Mohamed Farook (Respondents), the court addressed whether Deed No. 19 dated 15.01.1966—executed by A.W. Sithi Zubeitha during pending partition proceedings—contravened Section 66 of the Partition Law. The holding affirmed that such a transfer does not violate Section 66, as the deed conveyed only the contingent interest ultimately allocated at the conclusion of the partition action, not an extant undivided interest during proceedings. Previous statutory regimes and pertinent case law were analyzed, establishing that transfers anticipating future allotments are not prohibited. The appeal was dismissed, and lower court judgments were affirmed, consolidating the principle that Section 66 restricts only transfers of und