| Case ID |
043808c9-8a0f-40a5-8a23-e794a5deaa5b |
| Body |
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| Case Number |
Civil Appeal No. K109 of 1983 |
| Decision Date |
Mar 17, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled in favor of the appellant, restoring the trial court's decision which recognized him as a distant cousin entitled to inherit the estate of the deceased Allah Jurio. The Court clarified that under the Muhammadan Law, the classification of heirs into sharers and residuaries excludes distant kindred from inheriting when a residuary is present. The Court found that the respondents, being related to the deceased through a female line, were not entitled to the inheritance in the presence of the appellant, who was a distant cousin through the male line. |
| Summary |
This case revolves around inheritance rights under Muhammadan Law. The Supreme Court of Pakistan addressed the dispute over the estate of Allah Jurio, who died without issue. The key issue was whether the appellant, a distant cousin, or the respondents, the deceased's sister's sons, had the rightful claim to the estate. The Court emphasized the legal principles governing inheritance, particularly the distinction between residuaries and distant kindred. The decision highlights the importance of understanding Islamic inheritance laws, notably the Hanafi framework, which categorizes heirs into sharers and agnates. The ruling reaffirmed that in the presence of a residuary, distant kindred are excluded from inheriting, clarifying the legal position under the Muhammadan Law. This case is significant for its interpretation of inheritance rights and the application of Islamic law in contemporary legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Imam Ali G. Kazi, Advocate Supreme Court,
M. Shabbir Ghaury, Advocate-on-Record for Appellant,
K.A. Wahab, Advocate Supreme Court,
Ameer Ahmad Khan, Advocate-on-Record for Respondents
|
| Petitioners |
MUHAMMAD KASIM
|
| Respondents |
others,
KHAIR MUHAMMAD
|
| Citations |
1987 SLD 595,
1987 SCMR 1560
|
| Other Citations |
Not available
|
| Laws Involved |
Muhammadan Law,
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|