| Case ID |
105b2c27-434c-4fc3-9029-231a7feb8ff1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.212 of 2001 |
| Decision Date |
Mar 06, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the findings of the lower courts that the widow, Mst. Raeeso, could not sell the land as a limited owner under the Custom of Zamindara. The Court affirmed that the sale made by her was void and ineffective against the rights of the reversioners. However, it granted leave to appeal on the question of whether the widow's sale of a 1/4th share under Islamic Law was valid, as she was issueless and had inherited that share. The petitioners' possession of the land was deemed joint to the extent of the 1/4th share, and they were required to furnish security for mesne profits for the remaining 3/4ths share. |
| Summary |
In the case of Saifur Rehman and another vs. Sher Muhammad and others, the Supreme Court of Pakistan addressed the limitations of a widow's rights to alienate property inherited under Islamic Law. The case revolved around Mst. Raeeso, who sold land allotted to her as a limited owner. The Court determined that the sale was invalid as she could not alienate the property beyond her limited interest. The ruling emphasized the distinction between a limited owner's rights and those of full ownership. The petitioners argued that the widow, being issueless, had inherited a 1/4th share, which warranted consideration for the validity of the sale to that extent. The Supreme Court's decision highlights key aspects of property rights under Muslim personal law, particularly regarding the limitations placed on widows and the implications of joint ownership. The case references significant precedents, including Ahmad Din v. Muhammad Shafi and Mst. Zeenat Begum v. Mst. Iqbal, establishing a legal framework for understanding inheritance and property rights. This decision is crucial for legal practitioners and scholars in the field of family law and property rights, providing clarity on the nuances of limited ownership and the rights of reversioners. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
RANA BHAGWANDAS
|
| Lawyers |
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
another,
SAIFUR REHMAN
|
| Respondents |
others,
SHER MUHAMMAD
|
| Citations |
2002 SLD 1297,
2002 SCMR 1000
|
| Other Citations |
Ahmad Din v. Muhammad Shafi PLD 1971 SC 762,
Mst. Zeenat Begum v. Mst. Iqbal PLD 1991 SC 427,
Federation of Pakistan v. Muhammad Ishaque PLD 1983 SC 273
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Limitation Act (IX of 1908)
|
| Sections |
3,
125
|