| Case ID |
146ad654-f0e3-4f5c-82a3-1d72085c117d |
| Body |
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| Case Number |
Civil Appeal No. 626 of 2007 |
| Decision Date |
Dec 02, 2011 |
| Hearing Date |
Dec 02, 2011 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants claiming their right to inherit from the estate of Sikandar Khan. The court found that the appellants were not able to prove their relationship as collaterals of Sikandar Khan, as their claims were contradicted by their own previous statements and the documentary evidence presented. The court emphasized the importance of corroborative evidence in inheritance matters and upheld the lower courts' decisions that the suit was barred by limitation and that the plaintiffs did not have a valid cause of action. |
| Summary |
In the case of Civil Appeal No. 626 of 2007, the Supreme Court of Pakistan examined the claims of the appellants to inherit from the estate of Sikandar Khan, who died in 1946. The appellants contended that they were the collaterals of the deceased and sought their rightful share of inheritance from the suit land. However, the court found that the evidence presented was insufficient to establish their relationship to Sikandar Khan. The court analyzed the pedigree tables from previous years and noted that the appellants had previously denied any connection to Sikandar Khan in earlier litigations. The court highlighted the requirement of credible evidence to support claims of inheritance and ultimately dismissed the appeal, reiterating the significance of timely legal action in inheritance disputes. This case underscores the complexities of inheritance law and the need for clear and corroborated evidence in establishing familial relationships. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jillani,
Mian Saqib Nisar
|
| Lawyers |
Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court,
Sh. Zamir Hussain, Senior Advocate Supreme Court,
Gul Zarin Kiyani, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
others,
Muhammad Ashraf Khan
|
| Respondents |
others,
Muhammad Khan
|
| Citations |
2012 SLD 1422,
2012 SCMR 356
|
| Other Citations |
Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1,
Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063,
Nazir Ahmad and others v. Abdullah and others 1997 SCMR 281,
Aswar Muhammad and others v. Sharif Din and others 1983 SCMR 626,
Ghulam Abbas v. Muhammad Ashraf 1993 SCMR 2289,
Mst. Reshman Bibi v. Amir and others 2004 SCMR 392,
Ghulam Muhammad and another v. Allah Yar and others PLD 1965 Lah 482 rel
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
42,
64
|