| Case ID |
2bb9e8d4-d34b-4444-898d-b9fc59b11061 |
| Body |
View case body. Login to View |
| Case Number |
First Appeal No. 40 of 1949 |
| Decision Date |
Mar 18, 1952 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the decision of the trial court, which found that the property in question was ancestral. The court ruled that the previous will executed by Allah Jowaya in favor of his daughter Sardar Bibi was not valid under Muslim Law, which requires the consent of all heirs for a will to be effective. The court emphasized that the findings of the earlier suit cast a heavy burden on the defendants to prove that the property was not ancestral. The court dismissed the appeal, affirming the trial court's decree and maintaining the plaintiffs' reversionary rights over the ancestral property. |
| Summary |
In the case of First Appeal No. 40 of 1949, the Lahore High Court addressed critical issues surrounding ancestral property and the applicability of the West Punjab Muslim Personal Law (Shariat) Application Act of 1948. The case involved Mst. Sardar Bibi and others as petitioners against Abdul Latif and others. The primary legal question revolved around whether the property was ancestral and whether a will executed by Allah Jowaya was enforceable under Muslim Law. The court found that the property was indeed ancestral, supported by historical records and family lineage. The decision highlighted the legal requirements for wills under Muslim Law, specifically the necessity for consent from all heirs. This ruling is significant in understanding the principles of succession and property rights under Muslim Law, particularly in the context of ancestral properties. The implications of this case extend to future interpretations of inheritance laws, especially concerning the rights of heirs in cases involving wills and gifts. Keywords associated with this case include 'Muslim Personal Law', 'ancestral property', 'succession rights', 'wills under Muslim Law', which are essential for anyone researching legal precedents in property law within the context of Muslim inheritance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHURSHID ZAMAN,
KAYANI
|
| Lawyers |
M. G. M. Din,
Sheikh Nazir Ahmad,
B. Z. Kaikaus,
Muhammad Amin Khan
|
| Petitioners |
2 others,
Mst. SARDAR BIBI
|
| Respondents |
7 others,
ABDUL LATIF
|
| Citations |
1952 SLD 62,
1952 PLD 294
|
| Other Citations |
Lakha Singh v. Gujjar Singh, A I R 1931 Lah. 704,
Jiwan Singh v. Har Kaur, 41 P R 1914,
Jhanda Singh v. Mst. Banto, A I R 1927 Lah. 477,
Mst. Aziman v. Ibrahim Beg A I R 1936 Oudh 189,
Midnapur Zamindari Co. v. Naresh Nardin Roy A I R 1922 P C 241,
Secretary of State v. Brajendra Kishore Rai Choudhary, A I R 1936 Cal. 629,
Seth Ganga Sagar v. Sheikh Inam Ilahi 48 P L R (1946) 195,
Muhammad Asghar Shah v. Muhammad Gulsher Khan P L D 1949 Lah. 116,
Bayabai v. Bayabai, A I R 1942 Bom. 328,
Krishna Kumari Devi v. Rajendra A I R 1929 P C 121,
Salik Ram v. Subedar Singh A I R 1948 Oudh 270,
Shromani Gurdwara Prabandhak Committee v. Mst. Nand Kaur, A I R 1931 Lah. 254
|
| Laws Involved |
West Punjab Muslim Personal Law (Shariat) Application Act, 1948
|
| Sections |
2
|