| Case ID |
1a2a1e50-51cf-4fdf-8d2a-188a42fe0813 |
| Body |
View case body. Login to View |
| Case Number |
High Court Appeal No 37 of 1996 |
| Decision Date |
Apr 22, 1997 |
| Hearing Date |
|
| Decision |
The Sindh High Court upheld the preliminary decree for the administration of the deceased's estate, asserting that the legal heirs are entitled to their shares from the properties left behind by their deceased parents. The court emphasized that the administration suit was maintainable, even in the absence of a partition prayer, and that the claims of the appellant regarding the ownership of the property by the deceased mother did not preclude the administration of the estate. The appeal was dismissed, affirming the lower court's decision. |
| Summary |
The case involves an administrative suit filed under the Civil Procedure Code concerning the distribution of properties belonging to the deceased parents of the parties. The Sindh High Court ruled on the competency of administration suits in the context of inheritance law, specifically concerning Muslim Law. It clarified that legal heirs could seek their shares through an administration suit rather than a partition suit, particularly when properties are acknowledged as belonging to the deceased at the time of their death. The judgment reinforces the legal framework surrounding inheritance and property rights, emphasizing the importance of proper administration of estates and the rights of heirs under Muslim Law. This case highlights the judicial approach to resolving disputes over estate administration and the necessary legal proceedings to ensure rightful inheritance. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAJIHUDDIN AHMED,
HAMID ALI MIRZA
|
| Lawyers |
Azhar Ali Siddiqui,
Badrudduja Khan
|
| Petitioners |
Asghar Ali
|
| Respondents |
another,
Mrs. Zohrabi
|
| Citations |
2000 SLD 2234,
2000 MLD 122
|
| Other Citations |
Muhammad Bibi and others v. Abdul Ghani and others PLJ 1975 Kar. 1,
Mst. Ayesha Bai and another v. Mgt. Shahida and 4 others PLD 1981 Kar. 177,
Mahbub Alam v. Razia Begum and others PLD 1949 Lah. 263,
Hussain v. Manzoor Ali and 5 others PLD 1977 Kar. 8,
Syed Mehdi Hussain Shah v. Mst. Shadoo Bibi and others PLD 1962 SC 291,
Muhammad Younus Qureshi and 5 others v. Mst. Feroz Quraishi and 2 others 1982 CLC 976,
Ch. Muhammad Zafir v. Sh. Abdul Haq Sethi PLD 1956 (W.P.) Lah. 1060
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XX, R. 13,
O. XX, Rr. 13 & 2 (2)
|