| Case ID |
036c6211-e4fe-4425-9fb2-f5f47cfd2e2a |
| Body |
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| Case Number |
Civil Revision No.1109 of 2003 |
| Decision Date |
Jul 09, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision filed by Mian Khan, affirming that the concurrent findings of fact by the lower courts were valid. The court held that the issue of limitation does not apply in matters of inheritance, as established by Islamic law. Mst. Khatoon was declared the rightful heir of the deceased Dara, and the court emphasized that the law of limitation cannot extinguish the right of inheritance. The decision reinforced the principle that the inheritance rights of individuals cannot be barred by limitations, particularly in cases involving family succession, ensuring that the legacy of deceased individuals is inherited by their rightful heirs. |
| Summary |
This case revolves around the principles of inheritance under Islamic law and the application of the Civil Procedure Code. The Lahore High Court adjudicated on the issue of Mian Khan's claim against Mst. Khatoon, who was declared the legitimate daughter of the deceased Dara. The court highlighted that the law of limitation does not apply to inheritance claims, thus ensuring the rights of female heirs are protected under Sharia. This case emphasizes the importance of familial rights and aims to prevent the undue deprivation of inheritance through procedural technicalities. The court's decision aligns with contemporary interpretations of Islamic inheritance law, ensuring that all rightful heirs are recognized regardless of time elapsed since the deceased's passing. This ruling is vital in safeguarding women's rights in inheritance matters, resonating with current discussions on gender equality in legal frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI AKBAR QURESHI, J
|
| Lawyers |
Nusrat Javed Bajwa,
Saif-ul-Malook
|
| Petitioners |
Mian Khan
|
| Respondents |
Mst. Khatoon
|
| Citations |
2008 SLD 859 = 2008 CLC 1519
|
| Other Citations |
PLD 1990 SC 1,
Sadar Din v. Allah Rakha 1984 CLC 1258,
Mst. Zeba and 12 others v. Member-III, Board of Revenue Balochistan and 2 others 1986 CLC 233,
Nasir Abbas v. Manzoor Haider Shah PLD. 1989 SC 568,
Muhammad Zubair and others v. Muhammad Sharif 2005 SCMR 1217,
Muhammad Iqbal and 5 others v. Allah Bachaya and 18 others 2005 SCMR 1447,
Arshad Khan v. Mst. Rehsam Jan and others 2005 SCMR 1859,
Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291,
Abdul Qayuum through Legal Heirs v. Mushk-e-Alam and another 2001 SCMR 798,
Abdul Mateen and others v. Mst. Mustakhia 2006 SCMR 50
|
| Laws Involved |
Islamic Law,
Civil Procedure Code (V of 1908)
|
| Sections |
115
|