Legal Case Summary

Case Details
Case ID 7f8b51d7-f0d3-4400-b3b7-8f8752340cf0
Body View case body.
Case Number Civil Appeal No. 157 of 1981
Decision Date Jun 21, 1987
Hearing Date Jun 21, 1987
Decision The Supreme Court of Pakistan dismissed the appeal filed by the appellants, affirming the Lahore High Court's decision. The court ruled that the appellants, being the sons of a pre-deceased son, were not entitled to inherit the land allotted to their ancestor under the Rehabilitation Settlement Scheme. The court emphasized the application of Shariat Law in matters of succession, as the claim of the appellants was filed after the death of their predecessor, Nabi Bakhsh. The court held that the deviations provided in the scheme did not apply to their case since the normal rule of succession under Shariat Law must be observed. The decision underscored the importance of adhering to established legal principles in inheritance disputes, particularly in the context of rehabilitation and resettlement.
Summary This case revolves around the inheritance rights of the appellants, who were the sons of a deceased claimant under the Rehabilitation Settlement Scheme. The Supreme Court of Pakistan addressed key issues related to succession laws, particularly the application of Shariat Law versus the provisions of the Rehabilitation Scheme. The court's decision highlighted the significance of legal clarity in matters of inheritance and the rights of descendants. The ruling emphasized that normal succession laws should apply when a claimant dies after filing but before receiving allotment. This case serves as a landmark decision in understanding the intersection of constitutional law and personal law in Pakistan, providing essential insights into inheritance rights and legal interpretations that affect many families within the rehabilitative context. Keywords: inheritance rights, Shariat Law, Rehabilitation Settlement Scheme, legal principles, Pakistan.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SHAFIUR RAHMAN, S. A. NUSRAT
Lawyers Talib H. Rizvi, S. Ali Imam Naqvi, Bashir A. Mujahid, Ch. Muhammad Aslam
Petitioners MUHAMMAD ALI, 8 OTHERS
Respondents 2 OTHERS, ABDUL AZIZ
Citations 1988 SLD 2976, 1988 SCMR 267
Other Citations Akbar v. Sadiq and 15 others 1972 S C M R 23, Abdur Rashid v. Pakistan P L D 1962 S C 42, Fazal Muhammad Khan and another v. Mst. Muhammad Jan and 2 others 1971 S C M R 138, Mirza Anwar Beg and others v. Mirza Ulfat Beg and others P L D 1960 (W.P.) Lah. 265
Laws Involved Constitution of Pakistan, 1973
Sections 185(3), 199