| Case ID |
154f7314-025b-4812-8bbf-86a3ec3f5d05 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.997/L of 199 |
| Decision Date |
Jul 02, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal, overturning the Lahore High Court's decision, which had dismissed the petitioners' suit regarding the inheritance of property. The Court emphasized that inheritance under Muslim Personal Law occurs automatically, entitling each legal heir to their respective shares without the need for any claim or demand. The judgment reaffirmed the rights of women in inheritance matters, particularly in a society where they may be unaware of such rights. The Court ordered the Revenue Authorities to update the records in accordance with its ruling, ensuring compliance and justice in the distribution of the estate. |
| Summary |
This case revolves around the inheritance rights of Mst. HUSSAIN BIBI and her sister following the death of their father, Fazal. The Supreme Court of Pakistan addressed the issue of inheritance under Muslim Personal Law, which stipulates that legal heirs are entitled to their respective shares automatically. The Court highlighted the automatic nature of inheritance rights, which protects the interests of women, especially those who may not be fully aware of their entitlements in a male-dominated society. The case emphasized the need for justice and fair play in legal proceedings, particularly for women seeking their rightful inheritance. The decision also noted the importance of updating legal records to reflect rightful ownership as per the law. This ruling serves as a significant precedent in upholding women's rights in inheritance matters, ensuring they receive their due shares without unnecessary legal hurdles. The Court's ruling is crucial for promoting awareness and adherence to women's inheritance rights under Islamic law, thereby fostering equity and justice in property distribution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
TANVIR AHMAD KHAN
|
| Lawyers |
Ch. Muhammad Arshad Ramay,
C.M. Lateef,
Taki Ahmed Khan,
Ch. Mohdi Khan Mehtab
|
| Petitioners |
Mst. HUSSAIN BIBI,
Mst. Jeewan Bibi
|
| Respondents |
BARKAT ALI
|
| Citations |
2004 SLD 1177,
2004 SCMR 1391
|
| Other Citations |
Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1
|
| Laws Involved |
Muslim Personal Law,
Constitution of Pakistan (1973)
|
| Sections |
Art.185
|