| Case ID |
2c912015-9321-4080-a716-b11f56bc50e4 |
| Body |
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| Case Number |
Civil Revision No. 20533 of 2017 |
| Decision Date |
Jun 13, 2018 |
| Hearing Date |
Jun 13, 2018 |
| Decision |
The Lahore High Court dismissed the revision petition concerning the inheritance rights of Muhammad Din's daughter, Mst. Ashraf Bibi, against the petitioners who claimed that she was not entitled to her father's share due to his adoption by their maternal grandfather. The court ruled that customary law does not allow for the deprivation of an heir's legal share without established proof of a prevailing custom. It emphasized that the Islamic law of inheritance applies unless a valid custom is proven, which was not the case here. The court further indicated that fraud vitiates any transaction and that limitation does not apply to inheritance claims, thereby supporting the plaintiff's right to challenge the inheritance mutation. This decision also highlighted that any adverse revenue record entries do not extinguish an heir's rights and that fresh entries provide new causes of action. |
| Summary |
In the case of Civil Revision No. 20533 of 2017, the Lahore High Court addressed a dispute over inheritance rights under the Muslim Personal Law (Shariat) Application Act, specifically Section 5 concerning customary succession. The case involved Mst. Ashraf Bibi, who claimed her rightful share of inheritance from her deceased father, Muhammad Din, after he had been wrongfully deprived of his share due to an alleged adoption by his maternal grandfather. The court found that the defendants failed to prove the existence of a custom that would deny her rights, emphasizing the importance of Islamic law in inheritance matters. The judgment reiterated that any claims of fraud invalidate transactions related to inheritance, and that no limitation period applies in such cases. This ruling reinforces the protection of heirs' rights and the necessity of proving customary practices in inheritance disputes, making it a significant case for understanding the intersection of personal law and custom in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR
|
| Lawyers |
Muhammad Mahmood Ch.,
Muhammad Sarwar Javi,
Mian Muhammad Nawaz
|
| Petitioners |
MUHAMMAD AMIN THROUGH LEGAL HEIRS AND 2 OTHERS
|
| Respondents |
MST. ASHRAF BIBI THROUGH LEGAL HEIRS AND ANOTHERS
|
| Citations |
2018 SLD 2492,
2018 YLR 2524
|
| Other Citations |
2004 SCMR 517,
2013 SCMR 299,
2016 SCMR 1403,
126 P.R. 1912 (P.C.),
35 P.R. 1896,
2017 MLD 94,
PLD 2011 SC 657,
2011 SCMR 222,
2014 SCMR 513,
2000 SCMR 346,
PLD 2002 SC 677,
PLD 1990 SC 1,
1991 SCMR 2063,
2004 SCMR 392,
2014 SCMR 801,
PLJ 2015 SC 831,
1995 SCMR 284
|
| Laws Involved |
Muslim Personal Law (Shariat) Application Act
|
| Sections |
5
|