Maina Bibi v Chaudhary Vakil Ahmed (1924)
Facts of Maina Bibi v Chaudhary Vakil Ahmed
In this case, Moinuddin passed away, leaving behind his wife and some property. The respondents sought to gain possession of the property from the widow, who claimed that she had the right to retain possession until her dower (mahr) was paid.
The widow maintained possession since the respondents failed to pay the dower and subsequently sold the property, implying she had absolute ownership over it. This led the respondents to file a case against her, asserting that her right was only to retain possession, not to claim ownership.
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Maina Bibi v Chaudhary Vakil Ahmed Judgement
The Privy Council in Maina Bibi v Chaudhary Vakil Ahmed ruled that the widow had the lawful and peaceful right to possess the property until her mahr was paid. However, the court also held that she did not have the right to alienate the property through sale, gift, mortgage, lease or any other means.
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