| Case ID |
2bd0ca86-fb7f-4f11-aa42-a960de2c72dd |
| Body |
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| Case Number |
Civil Appeal No. 501 of 2009 |
| Decision Date |
Jan 30, 2019 |
| Hearing Date |
|
| Decision |
The appeal was allowed, overturning the judgments of the lower courts. The core issue revolved around the authenticity of a will allegedly executed by Baloch Khan in favor of the respondents. The court found that the will was not properly attested as required by law and was unregistered, rendering it void ab initio. The failure of the respondents to prove the genuineness of the will led to the conclusion that the judgments passed by the trial court and the appellate court were contrary to law. The decree obtained by the respondents was considered fraudulent, thus lacking legal validity. |
| Summary |
This case revolves around the legal principles governing the validity of wills and the requirements for their execution under the Civil Procedure Code and Qanun-e-Shahadat. The case highlights the importance of proper attestation and registration of wills, especially in disputes involving property rights. It underscores the legal requirement that any will pertaining to immovable property must be registered to be valid. The judgment also emphasizes the burden of proof on the beneficiary of a disputed will to establish its authenticity, as well as the implications of fraudulent claims in court. This ruling serves as a critical reference for future cases involving similar legal questions, thereby contributing to the jurisprudence surrounding property disputes in Azad Jammu and Kashmir. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sadaqat Hussain Raja, Justice
|
| Lawyers |
Mr. Muhammad Yaqoob Khan Mughal, Advocate,
Mr. Raja Ibrar Hussain, Advocate,
Sardar Abdul Sammie Khan, Advocate
|
| Petitioners |
Mumtaz Khan and 13 others
|
| Respondents |
Muhammad Anwar Khan and 6 others
|
| Citations |
2019 SLD 2024,
2019 PLJ 58
|
| Other Citations |
1989 CLC 198,
2003 SCR 298,
2003 SCR 22,
PLD 1973 Peshawar 63,
PLD 2003 SC 31,
PLD 1984 SC (AJK) 138
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Registration Act, 1908,
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
52,
100,
O.XLI,
XXIX,
R.1,
R.2,
R.31,
17,
42-A(1),
17(2)(A),
79
|