| Case ID |
41cf5369-cb64-4fe2-952b-bbe711ea85eb |
| Body |
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| Case Number |
Civil Appeals Nos. 48 and 49 of 1992 |
| Decision Date |
Jan 15, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the High Court's decision, affirming that the plaintiff is the legitimate son of the deceased Assandas. The court concluded that the suit was not time-barred, as it was filed within 12 years from the date of change of religion and that the rights of the widow, Mst. Amna, were to be shared equally with Shr. Bhoji Bai. The court emphasized that under Hindu Law, all legal heirs become co-sharers in the property, and the knowledge of the mother regarding mutation could not be imputed to the minor plaintiff. The court clarified that adverse possession cannot be claimed against co-heirs without express repudiation of title. |
| Summary |
The case revolves around the inheritance rights of Muhammad Yousuf (Udhamdas) following the death of his father, Assandas, who left behind two wives and children. The Supreme Court's ruling highlighted crucial aspects of Hindu Law, particularly regarding the rights of co-heirs and the implications of conversion from Hinduism to Islam on inheritance. The court addressed issues of limitation under the Limitation Act (IX of 1908) and confirmed the legitimacy of claims made by the plaintiff and his mother regarding their share in the property. The case sets a significant precedent for future inheritance disputes involving co-heirs, emphasizing the necessity of clear evidence for claims of adverse possession and the interpretation of joint family property rights. This case is pivotal for understanding Hindu inheritance laws and the impact of religious conversion on property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
AJMAL MIAN,
SAJJAD ALI SHAH
|
| Lawyers |
Abdul Hafeez Pirzada, Senior Advocate Supreme Court,
Naraindas C. Motiani, Advocate-on-Record
|
| Petitioners |
9 others,
MOOLCHAND
|
| Respondents |
3 others,
MUHAMMAD YOUSUF (UDHAMDAS)
|
| Citations |
1994 SLD 401,
1994 PLD 462
|
| Other Citations |
Thakur Nirman Singh and others v. Thakur Lal Rudra Partab Narain Singh and others AIR 1926 PC 100,
Noor Ahmad v. Mst. Hubab Jan and others PLD 1974 SC 78,
Mst. Aftaba and another v. Raza Khan and others 1984 SCMR 906,
Ghulam Ali and others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1,
Haji v. Khuda Yar PLD 1987 SC 453,
Mst. Omai and others v. Hakeem Khan and others 1970 SCMR 499
|
| Laws Involved |
Limitation Act (IX of 1908),
Constitution of Pakistan (1973),
Hindu Law
|
| Sections |
8,
6,
127,
144,
185(3),
315
|