| Case ID |
0097db73-5825-433c-95b5-c8e077601124 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.97 of 1987 |
| Decision Date |
Oct 30, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by the petitioners, who sought to oust their sisters from inheritance. The Court found that the petitioners failed to substantiate their claim on the factual aspects of the case. The concurrent findings of the lower courts determined that the sisters, being co-sharers, could not be ousted from their inherited property. The Court ruled that the plea of limitation raised by the petitioners was insufficient to overturn the findings of fact already established by the trial and appellate courts. |
| Summary |
This case revolves around the inheritance rights of siblings, specifically focusing on the legal principles of co-sharer rights under the Constitution of Pakistan. The petitioners attempted to disinherit their sisters on the grounds of Tamleek but failed to present adequate factual evidence to support their claims. The Supreme Court emphasized the importance of established concurrent findings of fact from lower courts, which recognized the sisters' rights as co-sharers in the inherited property. The ruling highlighted that the plea of limitation raised by the petitioners was not a valid ground for dismissal of their sisters' claims. This case underscores the complexities involved in inheritance disputes and the necessity for clear evidence when contesting established legal rights. It serves as a significant reference for future cases concerning inheritance rights and co-sharer possession in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Muhammad Afzal Zullah,
S. Usman Ali Shah
|
| Lawyers |
|
| Petitioners |
3 others,
Ghulam Qadir
|
| Respondents |
others,
Mst. Kundan
|
| Citations |
1991 SLD 1392 = 1991 SCMR 1835
|
| Other Citations |
Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|