8th Semester

Moot Court Problem

'A', a Sunni Muslim died leaving behind two sons 'S' and 'S1' and one daughter 'D'.
'S1' and 'D' were born out of the wedlock of 'A' and his wife 'W'. 'S' filed a suit
against his younger brother 'S' and his sister 'D'. 'S' alleged that he was the elder
son of the deceased father 'A' and claimed inheritance rights in the property left
behind by 'A'. The defence was that the plaintiff 'S' was only the stepson of the
father having been born of their mother before 'W' married their father, the
deceased. The plaintiff contended that even if he failed to prove that he was the son
of the deceased, he had been acknowledged as son by the deceased on several
occasions. He filed certain letters also in which he had been referred as his son by
the deceased. There were no prohibitions on marriage between 'A' and 'W'.

You are required to offer arguments from both the sides, the plaintiff and the
defendants.