| Case ID |
0b9fd05d-6a47-40da-85b0-84974110dbb1 |
| Body |
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| Case Number |
C.S.A. No. 8 of 2014 |
| Decision Date |
May 16, 2016 |
| Hearing Date |
|
| Decision |
The appellate court's decree favoring the defendant was set aside, and the trial court's ruling, which declared the plaintiffs entitled to the suit land through their deceased mother, was upheld. The court found that the defendant had not fulfilled the burden of proof regarding the alleged gift of the property, concluding that any gift of a Shari share of property is invalid unless the share is separated and physically transferred. The judgment emphasized the importance of the relationship between the parties and their rights to inheritance. |
| Summary |
In the case C.S.A. No. 8 of 2014, the Chief Court addressed a dispute regarding inheritance and property rights under the Specific Relief Act. The plaintiffs, real sons and daughters of Mst. Jamila, sought declaration and possession of land claimed to be part of their inheritance. The defendant argued that the land had been gifted to him by the plaintiffs' mother. The court found that the relationship of the parties was established, and the defendant's claims regarding the gift were not substantiated. The decision reinforced principles of inheritance law, particularly concerning the validity of gifts under Shari law. This judgment is critical for understanding property rights within familial contexts, especially in inheritance scenarios where the validity of gifts is contested. The ruling emphasizes the necessity of clear proof of ownership and the proper legal processes involved in transferring property rights. |
| Court |
Chief Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALAM, JUSTICE
|
| Lawyers |
Ali Khan,
Abdul Rahim,
Muhammad Nazir
|
| Petitioners |
MUHAMMAD AND 4 others
|
| Respondents |
REHMAN AND 19 others
|
| Citations |
2016 SLD 2942,
2016 YLR 2557
|
| Other Citations |
2005 SCMR 135,
2015 SCMR 1704
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42,
39
|