A Muslim man has approached the Supreme Court, seeking a declaration that he should be governed by the provisions of the Indian Succession Act, 1925, rather than the Shariat law when it comes to matters of inheritance and succession.
The plea, filed by Naushad KK, was heard by a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar. The petitioner, Naushad KK, represents himself in this matter. The central issue at hand is whether a practising Muslim should be allowed to opt for the Indian Succession Act instead of the Shariat law, which currently governs inheritance among Muslims.
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The bench noted that a similar case, Sufiya PM v Union of India, is already pending before the Court. In that case, the petitioner, Safiya PM, has sought that Muslims who renounce their faith should be governed by the Indian Succession Act, 1925, instead of the Muslim personal law with regard to inheritance and succession.
Prashant Padmanabhan, Advocate-on-Record in the Sufiya PM case, informed the bench that the two matters are distinct. The key difference lies in the nature of the petitioners: while Naushad KK is a practising Muslim, Safiya PM, in the earlier case, has renounced her faith.
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Padmanabhan further brought attention to a related matter, where the Quran Sunnath Society had challenged Section 58 of the Indian Succession Act in 2016. Section 58 currently excludes Muslims from the provisions of the Act, which further complicates matters surrounding the application of personal laws to Muslims in inheritance issues.
The Court was informed that, in the Sufiya PM case, the Union Government had clarified in October 2024 that it is for the Parliament to decide whether the Indian Succession Act should be extended to Muslims in matters of succession.
Case titled: Naushad KK vs. Union of India, is registered under W.P.(C) No. 000205 / 2025.
