| Case ID |
0af5436e-78b3-4df9-be79-0063650d998b |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 68 of 1987 |
| Decision Date |
Aug 30, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled on the right of inheritance concerning a Muslim sister's claim against her brother. The petitioner argued that he was a co-sharer in the property and that his sister lost her right due to his financial contributions towards their father's treatment and burial. The Court upheld the High Court's decision, emphasizing that a Muslim sister cannot be deprived of her inheritance solely based on expenses incurred by her brother. The petition for leave to appeal was ultimately refused, affirming the legal principle that inheritance rights are not negated by the financial support given to a parent. This case reinforces the importance of gender equality in inheritance laws. |
| Summary |
In the landmark case of Muhammad Afzal Zillah vs. Malik Mahmood Hasan, the Supreme Court of Pakistan addressed critical issues surrounding inheritance rights under Muslim personal law. The petitioner, Muhammad Afzal Zillah, contended that he had a co-ownership claim to the property inherited from their father, asserting that the property was jointly purchased. He also claimed that his sister, Mst. Noor Fatima, forfeited her right to inherit due to the substantial financial costs he incurred for their father's medical treatment and funeral expenses. However, the court clarified that spending money on a parent does not diminish a sibling's right to inherit. The High Court's ruling that recognized the sister's claim was upheld, emphasizing legal principles that protect inheritance rights regardless of the financial contributions made by one party. This case highlights the ongoing discussions about gender equality in inheritance laws and the necessity for clear legal frameworks that uphold these rights. The decision serves as a reference for future cases involving similar disputes and reinforces the judiciary's role in interpreting personal law in a manner consistent with constitutional guarantees of equality. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZILLAH,
JAVID IQBAL
|
| Lawyers |
Mozamal Khan,
Rana Maqbool Ahmad Qadri
|
| Petitioners |
Muhammad Afzal Zillah
|
| Respondents |
12 others,
Malik Mahmood Hasan
|
| Citations |
1990 SLD 789,
1990 SCMR 789
|
| Other Citations |
Ghulam Ali and two others v. Ghulam Sarwar Naqvi C.P-133-R of 1989
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Constitution of Pakistan (1973)
|
| Sections |
S-2,
Art. 185 (3)
|