| Case ID |
38b9e331-ec54-4f61-90d5-ea2490c8dd0c |
| Body |
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| Case Number |
Civil Appeal No. 15-P of 1976 |
| Decision Date |
May 15, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal regarding the inheritance rights of the parties involved. The court held that the succession opened from Niaz Muhammad Khan for half of the estate while the other half opened from Khawaja Muhammad Khan. The Court confirmed that custom must be specifically proven and cannot be extended by logical processes. The ruling emphasized that the widow's rights in this context were not merely for maintenance but were in accordance with the established custom of the tribe. The decision clarified the rights of inheritance and the application of the Shariat Act, leading to a final distribution of the estate in accordance with Muslim Law heirs. |
| Summary |
This case revolves around the intricate issues of inheritance and customary law within the context of the Supreme Court of Pakistan's ruling. The court examined whether the succession opened from Niaz Muhammad Khan or Khawaja Muhammad Khan, focusing on the rights of the widows and daughters. The decision emphasized that custom must be established inductively, rather than through logical deduction, and clarified the roles of the parties involved in the inheritance dispute. The court underscored that the widow's entitlement to a share in the estate was not limited to maintenance but was based on the custom applicable to the parties' tribe. This ruling has significant implications for similar cases involving customary law and inheritance rights in Pakistan, making it a crucial reference point for future legal disputes. The decision also highlighted the importance of presenting all relevant claims and defenses at the appropriate stages of litigation, reinforcing the procedural rigor required in inheritance cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
M. S. H. QURAISHI, J.
|
| Lawyers |
A. R. Sheikh, Senior Advocate Supreme Court,
Khawaja Mushtaq Ahmad, Advocate-on-Record for Appellants,
M. Shah Badshah, Advocate Supreme Court,
S. Safdar Hussain, Advocate-on-Record Nos. 1 to 4
|
| Petitioners |
Mst. SARDARO,
Mst. Bakht Jamala,
Mst. Amirzadagai
|
| Respondents |
Mst. NAZRAN BEGUM,
Mst. Marwari,
Mst. Hussain Jamal
|
| Citations |
1985 SLD 254,
1985 PLD 274
|
| Other Citations |
Ratigan's Digest of Customary Law,
Ghulam Akbar v. Irshad Begam P L D 1963 S C 543,
Abdul Hussain v. Bibi Sona A I R 1917 F C 181,
Shahzadun Bibi v. Amir Hussain Shah P L D 1956 S C 227
|
| Laws Involved |
Constitution of Pakistan (1973),
Customary Law
|
| Sections |
Art. 185(3),
Art. 185
|