| Case ID |
385fcf5e-fe54-422b-be7f-06750c744df2 |
| Body |
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| Case Number |
R.F.As. Nos. 222 and 223 of 2002 |
| Decision Date |
Sep 20, 2011 |
| Hearing Date |
Sep 19, 2011 |
| Decision |
The Lahore High Court allowed the appeal filed by the appellants, Mst. Zaib Jahan and others, and set aside the judgment and decree of the trial court that had dismissed their suit for administration of the estate of the deceased Fazal Muhammad Chaudhry. The court found that the appellants are the legal heirs of the deceased along with Mst. Sohaila Perveen. The court emphasized the importance of evidence and clarified that the decree of court could not be disbelieved based solely on minor discrepancies in evidence. The court also highlighted that a nominee has no inherent rights in the property nominated to them, and emphasized the need for adherence to proper legal standards in matters of inheritance. |
| Summary |
In this case, the Lahore High Court dealt with the appeals of Mst. Zaib Jahan and others regarding the estate of the deceased Fazal Muhammad Chaudhry. The disputes revolved around claims of legal heirship and the validity of documents presented by the parties. The court examined the evidence, including birth certificates and marriage documents, and concluded that the appellants were indeed legal heirs alongside Mst. Sohaila Perveen. The court underscored the significance of credible evidence in inheritance cases and clarified the role of nominees under Islamic law. The decision serves as a key reference for matters involving estate administration and the rights of legal heirs, emphasizing the need for accurate documentation and the proper interpretation of laws governing inheritance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHALID MEHMOOD KHAN,
SYED MUHAMMAD KAZIM RAZA SHAMSI
|
| Lawyers |
Mian Zafar Iqbal Kalanauri,
Imran Muhammad Sarwar
|
| Petitioners |
Mst. ZAIB JAHAN,
Mst. Sohaila Perveen
|
| Respondents |
Mian Zafar Iqbal Kalanauri,
Imran Muhammad Sarwar
|
| Citations |
2012 SLD 2372,
2012 YLR 1480
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Islamic law,
Citizenship Act (XI of 1951)
|
| Sections |
2(2),
49,
Inheritance,
17
|