| Case ID |
2b6e6f42-2db6-4c55-b549-a39e4b64d67f |
| Body |
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| Case Number |
Civil Petition No.578 of 1990 |
| Decision Date |
Jan 20, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal in a case concerning inheritance rights under custom and law. The case arose after the Lahore High Court dismissed the petitioners' Regular Second Appeal regarding the inheritance of property left by the deceased, Suba Khan. The Court examined whether Mst. Gohri, the widow of Suba Khan, was a limited owner or merely a maintenance holder under custom, and whether the daughters of Suba Khan had inheritance rights in light of the legal developments since 1945. The Court noted that the development of law of inheritance, particularly the Ordinance XIII of 1983, must be considered. The decision emphasized the need for a detailed examination of the facts surrounding the inheritance and the rights of the daughters, ultimately granting leave to appeal. |
| Summary |
This case involves significant legal principles regarding inheritance rights under Islamic law and customary practices in Pakistan. The Supreme Court of Pakistan deliberated on the status of Mst. Gohri, the widow of Suba Khan, in terms of her inheritance rights. The case highlighted the complexities of inheritance law, particularly in the context of widows and daughters in the presence of sons. The Court's decision to grant leave to appeal underscores the evolving nature of inheritance laws and the importance of legal precedents. The ruling references previous cases, including Ghulam Akbar v. Irshad Begum and Mst. Bakht Bano v. Allah Yar, which support the argument for widows inheriting as limited owners under specific circumstances. The case serves as a crucial reference point for similar inheritance disputes in Pakistan, emphasizing the necessity for a nuanced understanding of both customary law and statutory provisions. This decision is vital for legal practitioners, scholars, and individuals navigating inheritance issues in Pakistan, as it reinforces the rights of daughters and the significance of legal clarity in matters of property inheritance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
MUHAMMAD RAFIQ TARAR, JJ
|
| Lawyers |
Learned counsel
|
| Petitioners |
Mst. FAZAL NISHAN and others
|
| Respondents |
GHULAM OADIR and others
|
| Citations |
1991 SLD 1029,
1991 SCMR 758
|
| Other Citations |
Ghulam Akbar v. Irshad Begum P L D 1963 SC 543,
Mst. Bakht Bano v. Allah Yar 1986 S C M R 1483
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Constitution of Pakistan (1973)
|
| Sections |
2-A,
Art. 185(3)
|