| Case ID |
2a8e6924-5093-4312-96d4-f2d1a89090b3 |
| Body |
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| Case Number |
Suit No. 55/93 |
| Decision Date |
Jan 01, 2010 |
| Hearing Date |
Jan 01, 2010 |
| Decision |
The case revolved around the claim of female heirs of the deceased under Islamic Law of Inheritance. The petitioners, who were daughters and grandchildren of the deceased Sangi Khan, claimed their rightful share of the property as heirs. The respondent, nephew of the deceased, claimed the property under the prevailing custom in Hunza State, which historically deprived female heirs of inheritance. The courts below dismissed the petitioners' claims based on this custom. However, the Supreme Court found that the lower courts overlooked amendments made to this custom that entitled female heirs to a limited share. The court modified the decrees, granting the petitioners a 1/7th share of the deceased's property, thereby acknowledging the historical context and changes in inheritance law within Hunza State. |
| Summary |
This case is a pivotal examination of the application of Islamic Law of Inheritance versus local customs in Hunza State. The petitioners, female heirs of the deceased, sought their rightful share of inheritance from the property of Sangi Khan, who left no male issue. The respondent, claiming inheritance through custom, argued against the petitioners' claims. The Supreme Court of Pakistan had to analyze the historical customs of inheritance in Hunza, where females were traditionally excluded from inheritance rights. The court recognized that while customs have a strong influence, amendments made by rulers had allowed for limited rights for female heirs. This case highlights the evolution of inheritance laws and the necessity for legal systems to adapt to changing societal norms. Keywords: Islamic Law of Inheritance, Hunza State, inheritance rights, legal customs, female heirs, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA, JALAL-UD-DIN, C.J.,
SAHIB KHAN,
MUZAFFAR ALI, JJ
|
| Lawyers |
Muhammad Shafi,
Muhammad Issa Khan
|
| Petitioners |
19 others,
BIBI SITARA
|
| Respondents |
5 others,
AMANULLAH KHAN
|
| Citations |
2010 SLD 2471,
2010 CLC 1237
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Islamic Law of Inheritance
|
| Sections |
Not available
|