| Case ID |
212fc037-54ff-443d-a76e-aa0ca67a141b |
| Body |
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| Case Number |
Civil Appeal No.53 of 1980 |
| Decision Date |
Jun 11, 1990 |
| Hearing Date |
Jun 10, 1990 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Musa Khan, affirming the decision of the Lahore High Court. The court concluded that the prior rulings regarding the nature of Mst. Sahib Jan's ownership and the application of the Punjab Muslim Personal Law (Shariat) Application Act, 1948 were correctly applied. The court reaffirmed that Mst. Sahib Jan had limited ownership rights under customary law and could only transfer her interest within the confines of that law. The court's decision emphasized the importance of established custom and law regarding female inheritance rights in the context of Muslim personal law, particularly focusing on the rights of collaterals versus direct heirs. The court ruled that the collaterals of Amir Khan had locus standi to challenge the gift made by Mst. Sahib Jan, and the earlier decisions regarding the property and inheritance were upheld. |
| Summary |
In the landmark case of Civil Appeal No.53 of 1980, the Supreme Court of Pakistan addressed critical issues surrounding inheritance rights under the Punjab Muslim Personal Law (Shariat) Application Act, 1948. The case revolved around the limited ownership rights of Mst. Sahib Jan, the daughter of the deceased Amir Khan, and her ability to transfer property through a gift deed to her son, Musa Khan. The court examined whether the collaterals of Amir Khan had the legal standing to contest the gift, as well as the applicability of the Punjab Muslim Personal Law in determining the rightful heirs. The judgment underscored the significance of customary law in inheritance matters, particularly regarding women's rights in property ownership. The court's decision reaffirmed the necessity of adhering to established customs when interpreting legal rights, showcasing the delicate balance between traditional practices and statutory law in Pakistan's legal landscape. This case serves as a pivotal reference for understanding the dynamics of inheritance laws in Muslim personal law, particularly for women, and highlights the complexities involved in property transfers within familial contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NAIMUDDIN,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Syed Iqbal Haider Zaidi,
Mr. M. Rashid Chughtai
|
| Petitioners |
MUSA KHAN
|
| Respondents |
others,
BEGUM JAN
|
| Citations |
1990 SLD 406,
1990 PLD 982
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Muslim Personal Law (Shariat) Application Act, 1948,
Constitution of Pakistan, 1973
|
| Sections |
3,
2,
185
|