Case ID |
2071da91-e9bb-41e3-a4a4-6fe77352c724 |
Body |
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Case Number |
Civil Petition No.3906/L of 2001 |
Decision Date |
Mar 25, 2003 |
Hearing Date |
Mar 25, 2003 |
Decision |
The Supreme Court dismissed the petition and refused leave to appeal. The case revolved around the claim of the petitioner, Gul Muhammad, who argued that Ibrahim was not entitled to inherit property from Meer Muhammad as he was born from a step-mother after her marriage to another man. The courts below found, based on evidence, that Ibrahim was indeed the son of Meer Muhammad and had a rightful claim to the inheritance. The findings were upheld by the Supreme Court, which noted that the petitioner failed to demonstrate any illegality in the courts' conclusions. |
Summary |
This case involves the inheritance rights under Islamic law, specifically focusing on the legitimacy of heirs. Gul Muhammad contended that Ibrahim, born after his step-mother's marriage to a second husband, could not inherit from Meer Muhammad. However, the courts established that Ibrahim was indeed the son of Meer Muhammad, thus granting him inheritance rights. This case underscores the importance of evidentiary support in inheritance disputes under Islamic law, reflecting broader themes of familial rights and property succession. The Supreme Court's decision reinforces the legal frameworks governing inheritance, providing clarity on the recognition of legitimate heirs, and the significance of marital legitimacy in determining inheritance rights. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MUNIR A. SHEIKH,
FAQIR MUHAMMAD KHOKHAR
|
Lawyers |
Nazir Ahmed Qureshi, Advocate Supreme Court
|
Petitioners |
GUL MUHAMMAD
|
Respondents |
others,
IBRAHIM
|
Citations |
2005 SLD 1213,
2005 SCMR 770
|
Other Citations |
Not available
|
Laws Involved |
Specific Relief Act (I of 1877)
|
Sections |
42
|