| Case ID |
38f1a867-d8a8-41e1-8aeb-f38c61a8d51b |
| Body |
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| Case Number |
Civil Revision No. 993-D of 1994/BWP |
| Decision Date |
Apr 08, 2009 |
| Hearing Date |
Apr 08, 2009 |
| Decision |
The Lahore High Court ruled that the mutation of inheritance was sanctioned to the exclusion of the petitioner, Mst. Zainab, despite her entitlement to her share according to Sharia law. The court found that the mutation was obtained fraudulently and collusively, and that the custom of pagwanda, which was cited as a basis for the exclusion, was not proven to exist in the locality. The court determined that the petitioner, being a co-owner, was entitled to her share, and that no limitation would run against her claim due to the fraudulent nature of the transaction. The court set aside the previous judgments that dismissed the petitioner's claims based on technical reasons of limitation, and ordered that a fresh mutation be sanctioned in her favor according to her sharai share. |
| Summary |
This case revolves around a dispute concerning the inheritance rights of Mst. Zainab, the daughter of Muhammad Ramzan, who was excluded from a mutation of inheritance favoring her brother, Allah Wasaya. The Lahore High Court examined the legality of the mutation and the validity of the custom of pagwanda, which was used to justify the exclusion of daughters from inheritance. The court emphasized that inheritance rights under Islamic law are automatic upon death, and any fraudulent actions to deprive rightful heirs of their shares are void. The ruling underscores the importance of evidence in proving customs and affirms the principle that limitations do not apply to fraudulent transactions. This case is significant for individuals seeking to assert their inheritance rights, particularly in contexts where customs may be misapplied to disadvantage female heirs. Keywords related to inheritance rights, civil procedure, and fraud in legal transactions are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR PARACHA,
ABDUL SATTAR GORAYA
|
| Lawyers |
Ch. Muhammad Shafi Meo,
Sardar Muhammad Hussain Khan
|
| Petitioners |
MST. ZAINAB (DECEASED) THROUGH L.RS.S
|
| Respondents |
5 OTHERS,
MST. KUNDAN KHATOON
|
| Citations |
2010 SLD 1119,
2010 PLJ 346
|
| Other Citations |
PLD 1958 SC 104,
PLD 1975 SC 331,
PLJ 2007 SC 797
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
115,
120,
141
|