| Case ID |
2b8becc1-7ffb-40e6-ab5b-517d271e44e4 |
| Body |
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| Case Number |
Civil Petitions Nos. 3041 and 3061 of 2018 |
| Decision Date |
Apr 18, 2022 |
| Hearing Date |
Apr 18, 2022 |
| Decision |
The Supreme Court of Pakistan converted the petitions for leave to appeal into appeals and allowed them, dismissing the suit filed by Ummat-ul-Aziz. The Court noted that Ummat-ul-Aziz had waited 45 years before asserting her rights to the estate of Jalal Shah, during which time third-party interests were established in the property. The Court emphasized the principle of acquiescence, stating that the plaintiffs could not now complain after allowing third-party rights to take hold. The Court found that the lower courts failed to consider the significant interests of the third-party developer who had created plots and allotted them within a housing scheme, ultimately ruling that the plaintiffs had no grounds to reclaim the land after such a substantial lapse in time and the establishment of third-party rights. |
| Summary |
This case revolves around the inheritance rights of Ummat-ul-Aziz, the granddaughter of Jalal Shah, who sought to challenge the inheritance mutation that excluded her share in the estate. The Supreme Court of Pakistan ruled that her claim was time-barred, as she waited 45 years to assert her rights while allowing third-party interests to be established in the property. The Court applied the principles of acquiescence and the necessity of timely action in inheritance claims. It emphasized that legal heirs must be vigilant in pursuing their rights to avoid losing them, particularly when third-party rights are established. The ruling underscores the importance of maintaining the integrity of property records and the legal consequences of inaction by heirs. The case references significant legal precedents and highlights the complexities involved in inheritance disputes under Islamic law, particularly concerning the rights of heirs and the implications of long-standing property records. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Taqi Developers (Pvt.) Limited
|
| Judges |
QAZI FAEZ ISA,
YAHYA AFRIDI
|
| Lawyers |
Agha Muhammad Ali, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Ghulam Nabi, Advocate Supreme Court,
Syed Nayab Hassan Gardezi, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record
|
| Petitioners |
Ch. Akhtar Ali,
Syed KAUSAR ALI SHAH,
Agha Muhammad Ali
|
| Respondents |
Syed FARHAT HUSSAIN SHAH
|
| Citations |
2022 SLD 1182,
2022 SCMR 1558
|
| Other Citations |
Grana v. Sahib Kamala Bibi PLD 2014 SC 167,
Intelligence Bureau Employees Cooperative Housing Society v. Shabbir Hussain 2022 SCMR 877
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
39,
42
|