| Case ID |
d5a4b997-8101-4c08-8e80-658a22958e0f |
| Body |
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| Case Number |
Suit No. 1445 of 2008 and 92 of 2010 |
| Decision Date |
Sep 10, 2014 |
| Hearing Date |
May 08, 2014 |
| Decision |
The Sindh High Court ruled in favor of the plaintiffs, granting them a preliminary decree for the administration of the properties left by the deceased Z.A. Khan. The court found that the relinquishment deed presented by the defendants was unregistered and lacked credibility, as the plaintiff did not consciously sign it, nor was it explained to her. The court emphasized that the plaintiffs were entitled to their rightful shares of the estate, and directed the appointment of a receiver to manage the properties until their shares could be determined and distributed according to Islamic law. |
| Summary |
The case revolves around the legal heirs of the deceased Z.A. Khan, who were engaged in a dispute over the inheritance of properties left behind after his death. The plaintiffs, who are the children of the deceased from his second wife, argued that they were denied their rightful shares by the defendants, comprising the first wife and her children. The court examined multiple aspects of the case, including the validity of a relinquishment deed alleged to have been signed by one of the plaintiffs. It concluded that the deed was not valid due to lack of proper execution and understanding by the signing party. The ruling also highlighted the need for equitable distribution of the inheritance in accordance with Islamic law, thereby reinforcing the rights of all legal heirs. This case underscores the importance of legal clarity in family inheritance disputes, particularly in the context of Islamic law, and sets a precedent for future cases involving similar issues. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAFAR AHMED RAJPUT, J
|
| Lawyers |
Z. U. Mujahid for Plaintiffs (in Suit No. 1445 of 2008),
Abdul Wajid Wyne for Defendants (in Suit No. 1445 of 2008),
Shahab Sarki for Plaintiff (in Suit No. 92 of 2010),
Haji Zafar-ul-Haq for Defendant (in Suit No. 92 of 2010)
|
| Petitioners |
FAIZULLAH KHAN and others
|
| Respondents |
Mst. MIRZAGO BEGUM and others
|
| Citations |
2015 SLD 2112,
2015 YLR 1489
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XX, Rr. 13 & 18,
O.XL, R.1
|