Alithamby & Others v. Bastianpillai – sllr 1984 volume 1 page 243

In the case between the plaintiff, a party asserting title through succession from Kadija Umma, and the 1st defendant, S. Alithamby (and his dependants), the court addressed the issue of entitlement to land under the Muslim Law of Intestate Succession. It was held that the daughter of the deceased was entitled to a half share and the husband to a one-fourth share, pursuant to Shafei Sect principles, with remarriage of the husband having no effect on his share. The findings established that the 1st defendant effectively abandoned his inheritance rights by witnessing a deed of the entire land’s conveyance and voluntarily acknowledging possession under leave and licence, constituting an ouster of his rights. The court affirmed the rule that abandonment and clear conduct could extinguish claim