| Case ID |
0ae8cc36-7c95-455f-aedf-381dc8586342 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 10 of 1999 |
| Decision Date |
Apr 25, 2000 |
| Hearing Date |
|
| Decision |
The High Court restored the judgment and decree of the Trial Court, which had decreed the plaintiffs' suit for declaration of their ownership over 2/3rd share of the disputed property. The court found that the widow, Mst. Banata, was a limited owner entitled to inherit only 1/3rd of the property left by her deceased son, Mir Jan, with the remaining 2/3rd share devolving on his maternal uncles. The court ruled that the sale transaction conducted by Mst. Banata beyond her legal share was void and ineffective against the rights of the plaintiffs and pro forma defendants. The court emphasized that the principles governing inheritance under custom and law must be observed to ensure that no legal heir is deprived of their rightful share in the estate. The ruling reaffirmed the importance of adhering to established legal principles regarding inheritance and the limitations placed on a limited owner's ability to alienate property. |
| Summary |
This case revolves around the legal complexities of property inheritance under the West Pakistan Muslim Personal Law (Shariat) Application Act and the Limitation Act. The plaintiffs, HASHIM KHAN and others, contested the validity of a property transaction executed by Mst. Banata, the widow of Mir Jan, who was limited to inheriting only 1/3rd of her husband's estate. The court ruled in favor of the plaintiffs, restoring the trial court's decision which recognized their claim to the 2/3rd share of the property. This case highlights the critical aspects of inheritance law, particularly the limitations imposed on limited owners regarding the alienation of property. Legal practitioners and scholars should pay attention to the intersection of customary law and statutory provisions, as this case reinforces the necessity for compliance with legal standards to protect the rights of all heirs. Keywords include inheritance law, limited ownership, property disputes, legal heirs, custom and statutory law, and judicial decisions. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
ABDUR RAUF KHAN LUGHMANI, J
|
| Lawyers |
Dost M.uhamaiad Khan for Petitioners,
H. Saadullah Khan Mian Khel for Respondent, No. 1 (through legal heirs)
|
| Petitioners |
others,
HASHIM KHAN
|
| Respondents |
others,
MIR BAZ KHAN,
through Legal Heirs
|
| Citations |
2000 SLD 2086,
2000 CLC 1863
|
| Other Citations |
Muhammad Shaft v. Ibrahim, PLD 1955 FC 102,
Rehmat Bibi v. Ibrahim, PLD 1966 SC 349,
Haider Shah and 5 others v. Mst. Roshanaee and 9 others, 1996 SCMR 901,
Allah Wasaya and 3 others v. Rahim Bakhsh and another, 1991 SCMR 1369,
Mst. Namdara and 3 others v. Mst. Sahibzada and 2 others, 1998 SCMR 996,
Nazir Ahmad and others v. Abdullah and others, 1997 SCMR 281
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act,
Limitation Act
|
| Sections |
3,
120
|