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Issues:
1. Validity of Will and distribution of property among heirs. 2. Validity and operation of wakf in favor of mosque and Madarsa. 3. Paternity of Abdul Rahman and its impact on inheritance. 4. Benami purchase of property by mother-in-law. 5. Claim of widow for dower debt and possession of property. 6. Partition of property and appointment of commissioner. Analysis: 1. The judgment revolves around the suit concerning the property of Abdul Rahman, a Hanafi Muslim who executed a Will three days before his death, distributing his property among his wife and other heirs. The plaintiffs claimed to be the heirs of Abdul Rahman and entitled to a share in his property. 2. The Will created wakfs in favor of a mosque and a Madarsa, with conflicting bequests regarding the residue of his property. The Civil Judge held that the wakf in favor of the mosque was inoperative, and the widow was entitled to one-fourth share, while the plaintiffs were entitled to three-fourth share in the property. 3. The court examined the paternity of Abdul Rahman, concluding that he was the son of Ibrahim Khan 'alias' Madar Khan, impacting the distribution of property among the heirs. The widow was allowed to continue in possession of the property until her dower debt was paid. 4. The court addressed the issue of a property purchased 'benami' by the mother-in-law of Abdul Rahman, concluding that the house belonged to Abdul Rahman and formed part of his estate, rejecting the claim of benami purchase. 5. The judgment discussed the widow's claim for dower debt and possession of the property, emphasizing the legal requirements for a valid 'hiba-bil-iwaz' and the application of Section 53A of the Transfer of Property Act. 6. The court considered the partition of the property and the appointment of a commissioner for the same, modifying the decree to reflect the operation of the wakf in favor of the Madarsa in its entirety. In conclusion, the appeal of the widow succeeded partially, with the court ordering her to bear her own costs and pay half the costs of the other side. The judgment clarified the distribution of property, validity of the Will, operation of wakfs, and other related issues in the case.
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