| Case ID |
0c4eca09-70ba-4bde-9efb-1bce1f279edf |
| Body |
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| Case Number |
Civil Appeal No. 101 of 2002 |
| Decision Date |
Feb 28, 2007 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the agreement dated 28-12-2003 BK and mutation No.528 were declared illegal and of no legal consequences. The suit of the plaintiffs/appellants was decreed to the extent of Khasra No.45, indicating that the parties would inherit the land in accordance with Sharia. The judgment emphasized the necessity for proper execution and registration of documents to be admissible in court, and it ruled that the agreement was void ab initio due to non-compliance with legal requirements. The court also clarified that the death of one of the appellants would not prevent the remaining parties from pursuing their independent rights to inheritance. |
| Summary |
This case revolves around a civil appeal concerning inheritance rights and the validity of certain documents related to property transfer. The court examined the legitimacy of an agreement executed in favor of the widow of a deceased landowner and the subsequent mutations made in the land revenue records. The case highlighted crucial legal principles under the Qanun-e-Shahadat, Specific Relief Act, and Civil Procedure Code, particularly regarding the execution and registration of documents necessary for property transfer. In a detailed analysis, the court found that the disputed agreement was not registered in accordance with the Registration Act, rendering it inadmissible as evidence. The ruling reinforced the importance of adhering to legal protocols in property transactions, especially in the context of inheritance laws under Islamic jurisprudence. The outcome not only resolved the immediate dispute but also set a precedent for future cases concerning property rights and the validity of legal documents in the context of inheritance and land revenue. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUSTAFA MUGHAL
|
| Lawyers |
Raja Gull Majeed Khan,
Muhammad Arif Khan Abbas
|
| Petitioners |
13 OTHERS,
MUHAMMAD HUSSAIN KHAN
|
| Respondents |
MST. AZIZA BEGUM,
28 OTHERS
|
| Citations |
2007 SLD 1198,
2007 MLD 1144
|
| Other Citations |
Muhammad Zaman Khan's case PLD 1984 SC(AJK) 138,
Ahmad Khan's case PLD 1975 SC 311,
Muhammad Yasin's case 2006 CLC 1257,
Bostan's case PLD 1993 SC (AJK) 24,
Mst. Bushra Bibi's case 2002 CLC 587,
Muhammad Din's case PLD 1977 Lah. 513,
Aksar Ali's case 1982 CLC 1309,
Bank of Khulna Ltd. v. Jyoti Prokash Mitra and others Indian appeal cases (Vol. LXVII) 1939 40 (377),
Iftikhar Hussain Khan's case 2005 CLC 811,
Sardar Noor Hussain's case PLD 1983 SC 62,
Kh. Jalal Din's case 1985 SCMR 1359
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Specific Relief Act, 1877,
West Pakistan Land Revenue Act (XVII of 1967),
Civil Procedure Code (V of 1908)
|
| Sections |
100,
118,
39,
42,
42,
100,
115,
O.XXII,R.1,
O.XXII,R.2
|