| Case ID |
2694d177-1c12-4b5e-81fc-ba25a0a7fea9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 313 of 2009 |
| Decision Date |
Jun 15, 2010 |
| Hearing Date |
|
| Decision |
The decision upheld the rights of the petitioner to inherit property despite the argument of time-barred claims. The court ruled that the provisions of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 had retrospective effect, allowing the plaintiff to claim her rightful share of inheritance as per Islamic law. The judgment emphasized that the right of inheritance is not dependent on the attestation of mutation and that all heirs are entitled to their respective shares in accordance with Shari law, thus the suit was deemed valid and was decreed in favor of the petitioner. |
| Summary |
The case revolves around inheritance rights under Islamic law, specifically addressing the implications of the Specific Relief Act and various Muslim Personal Law statutes. It highlights the issue of time limitations concerning inheritance claims and the retrospective application of specific laws. The court determined that the plaintiff was entitled to a share of her deceased father's estate despite the previous attestation of property mutation that had deprived her of her rights. The ruling underscores the importance of Islamic law in determining inheritance matters and the invalidity of customs that contradict these principles. The case reinforces the notion that inheritance rights are guaranteed under Islamic law, regardless of prior customs, and that all heirs are entitled to their rightful shares. This judgment serves as a significant precedent in inheritance law within the context of Pakistani legal frameworks, emphasizing the need for adherence to Shari law in matters of succession. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SAJJAD HUSSAIN SHAH, J
|
| Lawyers |
Abdul Sattar Khan,
Rahim Muhammad
|
| Petitioners |
ANOTHER,
MIRZA MUHAMMAD
|
| Respondents |
4 OTHERS,
MUHAMMAD SHFRIN
|
| Citations |
2011 SLD 384,
2011 PLD 41
|
| Other Citations |
PLD 1983 SC 273,
PLD 1991 SC 213,
2008 SCMR 205
|
| Laws Involved |
Specific Relief Act, 1877,
North West Frontier Province Muslim Personal Law (Shariat) Application Act, (VI of 1935),
Muslim Personal Law (Shariat) Application Act, 1962
|
| Sections |
8,
42,
3(2),
2,
2A
|