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Synopsis

The Supreme Court today heard a petition filed by Naushad K.K., a Muslim man appearing as party-in-person, seeking the right to be governed by the Indian Succession Act, 1925, instead of Muslim Personal Law (Shariat) with respect to matters of inheritance.

The petitioner argued that individuals should have the constitutional freedom to opt out of religious inheritance mandates, asserting that forced compliance violates fundamental rights under Articles 14, 21, and 25 of the Constitution.

The bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar tagged the petition to be heard along with a similar plea filed by an ex-Muslim woman (who had renounced her faith).

The writ petition has been filed invoking Article 32 of the Constitution, seeking judicial recognition of testamentary autonomy for Muslim individuals and challenging Section 58(1) of the Indian Succession Act, 1925, which excludes Muslims from its purview.

"The petition does not challenge or seeks to reform Muslim Personal Law itself but questions whether the State has the duty or constitutional authority to enforce religious mandates against an individual's expressed will, especially when such enforcement violates fundamental rights guaranteed under the Constitution," the petition reads. 

Under Muslim Personal Law (Shariat), a Muslim individual may only bequeath one-third of their estate, and often not to legal heirs. The remaining two-thirds must follow fixed rules under Faraid. Any Will violating this can be declared invalid unless consented to by all heirs. The petitioner claims this violates personal liberty, equality, and religious conscience when enforced on individuals who consciously wish to opt out.

The petitioner points out that the State does not enforce religious duties like prayer or fasting, yet mandates compliance with religious inheritance laws, creating a selective and arbitrary enforcement of faith-based rules.

"When a Muslim opts out of Nikah and marries under the Special Marriage Act, 1954, the State does not enforce Nikah, even if both parties are Muslims. Moreover, it presumes that by marrying under the Special Marriage Act, they have opted out of the entire Muslim Personal Law, including inheritance provisions, even without explicitly opting out of testamentary restrictions. Conversely, when a Muslim intentionally opts out of testamentary restrictions by executing a Will ignoring the limitations or restrictions, the State deems it invalid," the plea states. 

International Human Rights Dimension

Citing India’s obligations under the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), the petition emphasizes the need for domestic laws to uphold property rights and freedom of conscience in line with global human rights standards.

Prayers

The petitioner seeks:

1. Recognition of Wills executed by Muslims that comply with secular law, without being invalidated by Shariat.

2. Mandamus to the Legislature to enact laws ensuring testamentary freedom for all citizens.

3. A declaration that Section 58(1) of the Indian Succession Act is unconstitutional.

Cause Title: Naushad K K v. Union of India & Anr. [W.P.(C) No. 205/2025]