| Case ID |
44cc22a6-1b87-4151-9420-0d83ae9f02ec |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.1012 of 2018 |
| Decision Date |
Mar 18, 2024 |
| Hearing Date |
Nov 06, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the impugned judgment of the Islamabad High Court. The court restored the concurrent judgments and decrees of the Trial Court and Appellate Court in favor of the sisters. The court found that the release deed executed by the sisters in favor of their brother was secured through fraud and misrepresentation. The court emphasized that under the Contract Act, an agreement made without consideration is void unless certain conditions are met. The evidence indicated that the sisters were misled into signing the release deed under the false pretense that it was necessary for the transfer of property in the name of all legal heirs. The court underscored the importance of legal representation and independent advice in such transactions and reiterated the need for clear evidence of consent and understanding in matters of inheritance and property transfer. |
| Summary |
This case revolves around the validity of a release deed executed by two sisters in favor of their brother regarding inherited property. The Supreme Court of Pakistan addressed issues of fraud, misrepresentation, and the legal requirements for valid agreements under the Contract Act, 1872. The court examined the circumstances under which the sisters signed the deed, highlighting the absence of consideration and the lack of independent legal advice. The judgment reinforces the legal protections afforded to heirs in property disputes and the necessity for clear, informed consent in relinquishing property rights. The decision underscores the court's commitment to upholding the principles of justice and equity in familial property matters, particularly in cases where vulnerable parties may be at risk of exploitation. The ruling restores the rights of the sisters to their inherited share, emphasizing the importance of legal safeguards in inheritance law, thereby contributing to ongoing discussions about women's rights in property ownership and inheritance under Muslim law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Muhammad Ilyas Shaikh, Advocate Supreme Court for Appellants,
Agha Muhammad Ali, Advocate Supreme Court for Respondents Nos. 1 and 2,
Syed Shajjar Abbas Hamdani, Advocate Supreme Court for Respondents Nos. 1 and 2,
Khalid Mehmood Khan, Advocate Supreme Court for Respondent No.3 (Via video link from Lahore)
|
| Petitioners |
OTHERS,
MST. FARZANA ZIA
|
| Respondents |
OTHERS,
MST. SAADIA ANDALEEB
|
| Citations |
2024 SLD 2946,
2024 SCMR 916
|
| Other Citations |
Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1,
Muhammad Shamim through Legal heirs v. Mst. Nisar Fatima through Legal Heirs and others 2010 SCMR 18,
Sadar Din v. Mst. Khatoon and others 2004 SCMR 1102,
Mirza Abid Baig v. Zahid Sabir (Deceased) through LRs and others 2020 SCMR 601
|
| Laws Involved |
Contract Act, 1872,
Transfer of Property Act, 1882,
Civil Procedure Code, 1908
|
| Sections |
25,
123,
129,
100,
115
|