| Case ID |
7f8b51d7-f0d3-4400-b3b7-8f8752340cf0 |
| Body |
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| 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
|