In a recent decision, the High Court at Bombay, Aurangabad Bench, looked into several requests about who should inherit an Atiyat grant connected to the Hazarat Sayed Chand Dargah and Masjid in Udgir. The court canceled a previous decision that had supported Syed Hidayatali as the heir.
This case is about who should inherit an Atiyat grant, which includes religious places like the Hazarat Sayed Chand Dargah and Masjid. Several people were claiming the right to inherit the grant, mainly focusing on Syed Hidayatali's claim, which was based on a legal document from Syed Abdul Kasim giving him authority.
The Additional Collector in Latur had initially decided that Syed Hidayatali was the heir and allowed him to take control of the properties. This decision was based on a legal document supposedly made by Syed Abdul Kasim, who was a previous holder of the grant.
"The higher authority agreed with Syed Hidayatali's claim of being appointed as the caretaker by Syed Abdul Kasim."
The people challenging this decision argued several points: - They said that the legal document couldn't be used to pass on inheritance rights. - They claimed the Atiyat grant was meant to be inherited and shouldn't be transferred through such documents. - They noted that there were several unresolved requests that needed to be settled before deciding on who inherits the grant.
The court looked at the rules of the Hyderabad Atiyat Inquiries Act, 1952, which deals with such grants. It pointed out that inheritance disputes should be settled by the Atiyat Court and that any claims must be based on family ties.
"The Atiyat grant was meant to be inherited, and who gets it should be decided by family ties, not by legal documents giving authority."
The court decided that the previous decision in favor of Syed Hidayatali was wrong. It stressed that inheritance should be based on family ties. The court ordered a new investigation by the Atiyat Court to find out who the rightful heir is.
"The decision of the Additional Collector, Latur, is canceled. The Atiyat Court is told to conduct a new investigation."
The Atiyat Court will now carry out a detailed investigation, looking at all claims and evidence to decide who the rightful heir to the Atiyat grant is.
