| Case ID |
3b2b2e20-3f54-4c4c-9133-2ac179b66380 |
| Body |
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| Case Number |
Civil Petition No.231-L of 2001 |
| Decision Date |
May 04, 2004 |
| Hearing Date |
May 04, 2004 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the High Court, confirming that the daughters of the deceased owner were entitled to their respective shares in the property. The court found that the mutation in favor of the daughters was valid and that the plaintiffs could not deprive them of their Sharia shares. The court dismissed the petitioners' claims, emphasizing that the matter could not be treated as a closed transaction due to the long passage of time since the mutation was sanctioned. The petition for leave to appeal was consequently refused. |
| Summary |
In the landmark case of Civil Petition No.231-L of 2001, the Supreme Court of Pakistan addressed critical issues surrounding inheritance rights under Muslim Personal Law. The case revolved around the assertion by the collaterals of the last male owner, Muhammad, who contested the legitimacy of the property mutation favoring his widow and two daughters. The court's ruling reinforced the principles of equitable distribution of inheritance, ensuring that daughters are entitled to their rightful shares, regardless of marital status. This case highlights the ongoing relevance of the Specific Relief Act and the Muslim Personal Law in contemporary legal disputes, offering clarity on inheritance rights and the interpretation of mutations over extended periods. The decision serves as a precedent for similar future cases, emphasizing the importance of adhering to Sharia principles in matters of property rights. This ruling not only affirms women's rights in inheritance but also underlines the necessity for legal frameworks to evolve with societal norms, ensuring justice and fairness in the distribution of familial assets. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Khalil-ur-Rehman Ramday,
Falak Sher
|
| Lawyers |
Zafar Iqbal Chaudhry, Advocate Supreme Court,
Tanvir Ahmed, Advocate-on-Record
|
| Petitioners |
Sher,
Gama
|
| Respondents |
others,
Mst. Fatima through L.Rs.
|
| Citations |
2005 SLD 1496,
2005 SCMR 1864
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Muslim Personal Law (Shariat) Application Act (Punjab Amendment) Ordinance (XIII of 1983),
Constitution of Pakistan (1973)
|
| Sections |
42,
2-A,
185(3)
|