| Case ID |
73f5a774-0b25-49bf-b712-84c028fc67d3 |
| Body |
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| Case Number |
Civil Revisions Nos. 2547 and 3044 of 2004, FAO No |
| Decision Date |
Apr 15, 2005 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the matters concerning limited ownership and inheritance rights under Muslim law. It clarified that a female limited owner's rights do not impede the enforcement of inheritance rights among co-sharers. The court emphasized that the Limitation Act does not bar a co-sharer from asserting their inheritance rights. The court invalidated previous decrees that were inconsistent with the principles established by the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, particularly regarding the ownership distribution among legal heirs. |
| Summary |
This case revolves around the intricate issues of limited ownership and inheritance under Muslim personal law, particularly focusing on the rights of female limited owners and the implications of the Limitation Act. The Lahore High Court addressed multiple civil revisions and appeals concerning the ownership of property following the death of Fateh Sher. The court's decision highlighted the importance of adhering to established legal principles concerning inheritance rights, emphasizing that limitations do not hinder a co-sharer from asserting their rightful claims. The case underscores the complexities of property rights in the context of Muslim law and the necessity for clarity in legal decrees affecting inheritance and ownership. This judgment is significant for understanding the interplay between custom and statutory law in Pakistan's legal framework, especially regarding women's rights in property ownership. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Sheikh Naveed Shahryar for Petitioners,
Muhammad Farooq Qureshi Chishti for Respondents Nos. 1 to 4, 7(ii)(iii), 9(i) to (iv) and 10,
Khawaja Saeed-uz-Zafar for Respondents Nos. 6, 7(i)(iv), 8(i) to 8(vii) and 11 to 16
|
| Petitioners |
FATEH SHER and others
|
| Respondents |
MUHAMMAD HAYAT and others
|
| Citations |
2005 SLD 1875,
2005 PLD 578
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908),
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Specific Relief Act (I of 1877)
|
| Sections |
3,
144,
3,
2A,
42
|