Mohammedian Law–Claim of partition–Acceptability–GK died unmarried and issueless–As per rules of succession under Mohammedian law, only the brothers and surviving sister would come under the category of first entitled shares to his estate–After the death of GK, agreement Ex. A6 was executed which is an agreement of settlement and does not create, transfer or confer a right in favour of plaintiff no. 2–The understanding between the parties that the western portion is agreed to be given to plaintiff no. 2 and the brothers and sister of GK retain the eastern portion–All the formalities to create execlusive right were deferred to a future date–The agreement made a provision in favour of plaintiff no. 2 for the reason that plaintifff no. 2 had a psychiatric problem and he was in care of plaintiff no. 1–Trial Court rightly denied the share of plaintiff no. 2.
