| Case ID |
2d14fb30-061d-458e-a994-f1dcb1871856 |
| Body |
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| Case Number |
R.F.A. No. 469 of 2006 |
| Decision Date |
Jun 22, 2009 |
| Hearing Date |
May 08, 2009 |
| Decision |
The suit for administration instituted by the appellants against the respondent was partly dismissed regarding three properties while a preliminary decree was passed in favor of the appellants for the remaining six properties. The court highlighted the importance of establishing ownership and validity of transactions, particularly in the context of family settlements and gifts under Islamic law. The judgment emphasized that properties cannot be proven as benami without substantial evidence. The court also noted the necessity of adhering to the proper legal framework concerning the validity of gifts, especially when involving undivided property. |
| Summary |
This case revolves around a family dispute regarding the inheritance of properties left by Major (Retd) Aziz-ur-Rehman Khan after his death in 1992. The appellants claimed that several properties were actually owned by their deceased father, despite being registered in the name of the respondent, Dr. Atiq-ur-Rahman. The court examined the validity of family settlements and the concept of benami transactions in the context of Islamic law. The ruling highlighted that claims of ownership must be substantiated with clear evidence, particularly when gifts are involved. The decision underscores the complexities of inheritance laws and the significance of adhering to legal protocols in family settlements. This case serves as a crucial reference point for similar disputes involving property ownership and inheritance rights in Pakistan, emphasizing the need for clarity in legal documentation and transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, JUSTICE,
HAFIZ TARIQ NASIM, JUSTICE
|
| Lawyers |
Mr. Muhammad Rashid Ahmad, Advocate for Appellants,
Ch. Inayat Ullah, Advocate for Respondent
|
| Petitioners |
ANOTHER,
DR. ZIA-UR-RAHMAN KHAN
|
| Respondents |
DR. ATIQ-UR-RAHMAN
|
| Citations |
2010 SLD 1093,
2010 PLJ 214
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|