| Case ID |
161fe916-82bc-48b3-81ff-9199c7ee0667 |
| Body |
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| Case Number |
Civil Revision No. 54 of 2005 |
| Decision Date |
Nov 17, 2009 |
| Hearing Date |
|
| Decision |
The High Court dismissed the revision petition against the lower courts' judgments, affirming that the property in question is ancestral and that the legal heirs are entitled to their shares without the need for court intervention. The court emphasized the importance of providing evidence regarding the distribution of shares, which the defendants failed to do. The concurrent findings of fact by the lower courts were upheld, confirming the legality of the property distribution among the heirs. |
| Summary |
In this case, the Quetta High Court addressed a dispute regarding the distribution of ancestral property following the death of Samandar Khan. The plaintiffs, who were legal heirs, sought a declaration of their rightful shares in the property. The defendants disputed the claim, arguing that they had already compensated the plaintiffs for their shares. The court ruled that under Islamic law, heirs are entitled to their shares automatically upon the owner's death, without needing court intervention. The decision highlighted the necessity for defendants to prove their claims regarding payments made to the plaintiffs, which they failed to do. The High Court upheld the lower courts' decisions, reinforcing the principle of rightful inheritance and proper evidence in property disputes. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NOOR MESKANZAI, J
|
| Lawyers |
Miss Sarwat Hina,
Farrukh Malik
|
| Petitioners |
anothers,
ABDUL QADIR
|
| Respondents |
4 others,
NADEEM JAVED
|
| Citations |
2010 SLD 2710,
2010 CLC 631
|
| Other Citations |
PLD 1990 SC 1,
2007 SCMR 635
|
| Laws Involved |
Islamic law,
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
42,
117,
120
|