| Case ID |
39b97a59-e40a-48c6-a772-5448da718a1b |
| Body |
View case body. Login to View |
| Case Number |
C.As. No. 53 54 of 2015 |
| Decision Date |
Jun 30, 2022 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeals, set aside the impugned judgment and decree of the High Court, and restored the judgment and decree passed by the trial Court dismissing the suit of the plaintiffs/respondents. The Court held that Mst. Roshnae was entitled to inherit the entire estate of Abdul Ghafoor as his full sister under Muslim Personal Law (Shariah). The gift made by Mst. Roshnae to the appellants after the enactment of the Amendment Act of 1964 was deemed valid since she was no longer holding the estate as a limited owner. The Court emphasized that the inheritance opened upon the death of Abdul Ghafoor, making all entitled legal heirs owners to the extent of their shares. Consequently, the Court directed that no further action regarding costs was necessary. |
| Summary |
In the landmark case C.As. No. 53 54 of 2015, decided on June 30, 2022, the Supreme Court of Pakistan addressed a significant inheritance dispute under the Specific Relief Act, 1877, Section 9. The petitioner, ABDUL KHALIQ (decd) thr. LRs, challenged the order passed by the Peshawar High Court in C.R. No. 41 of 1995, which pertained to the inheritance rights following the death of Abdul Ghafoor. As Abdul Ghafoor died without issue, the entire property devolved to his only sister, Mst. Roshnae, according to the prevailing custom. Mst. Roshnae later gifted the property to the appellants after the Amendment Act of 1964, making the gift legally valid under Shariah law. The respondents, FAZALUR REHMAN and others, contested this by claiming a sharai share of the inheritance, asserting that Mst. Roshnae held the estate as a limited owner and could not alienate the property entirely. The Supreme Court meticulously examined the Table of Residuaries under the Principles of Muhammadan Law, emphasizing the precedence of full sisters over descendants of the true grandfather. The Court concluded that Mst. Roshnae, being the full sister, had superior rights and was entitled to inherit the entire estate, thereby validating the gift to the appellants. This decision underscores the importance of understanding succession laws and the hierarchical placement of heirs under Muslim Personal Law, providing clarity for future inheritance disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sajjad Ali Shah,
Amin-ud-Din Khan
|
| Lawyers |
Mr. Tariq Mahmood, Sr. ASC,
Syed Rifaqat Hussain Shah, AOR,
Mr. Muhammad Munir Paracha, ASC,
Mr. Zulfiqar Khalid Maluka, ASC,
Nemo
|
| Petitioners |
ABDUL KHALIQ (decd) thr. LRs
|
| Respondents |
FAZALUR REHMAN and others
|
| Citations |
2022 SLD 1777,
2022 PLJ 416
|
| Other Citations |
Saadullah and others vs. Mst. Gulbanda and others (2014 SCMR 1205),
Muhammad Sharif vs. Niamat Bibi (2021 SCMR 1355),
Muzaffar Khan vs. Roshan Jan (PLD 1984 SC 394),
Faqir Ahmed Khan vs. Riaz Ahmad (2020 SCMR 346),
Khan Muhammad thr, LRs and Others vs. Mst. Khatoon Bibi and Others (2017 SCMR 1476),
Mahmood Shah vs Khalid Hussain Shah (2015 SCMR 869),
Waris Ali’s case (supra)
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
9
|