| Case ID |
e218d404-1aa9-4fb9-8bb6-d3dcabc73e6b |
| Body |
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| Case Number |
Writ Petitions Nos. 17695 and 11758 of 2001 |
| Decision Date |
Mar 10, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petitions filed by Mst. Ghulam Fatima, confirming that the real question of whether she is the legal heir of Mst. Asghari Sarfraz could only be determined by a civil court. The court emphasized that the authorities who sanctioned the mutation and registered the death entry had the jurisdiction to examine claims of fraud or misrepresentation. The court ordered that the applications and suit for declaration filed by Dr. Asghari Sarfraz be entrusted to the same court for resolution within six months, ensuring that no rights of the parties concerning the properties in question would be prejudiced. The decision was made to ensure a fair and just process, addressing the complexities surrounding the ownership of the properties involved. |
| Summary |
In the case of Mst. Ghulam Fatima vs. Deputy Commissioner, Kasur, the Lahore High Court addressed a dispute regarding property ownership and inheritance. The petitioner, claiming to be the sole heir of the deceased Mst. Asghari Sarfraz, sought to validate her ownership of two properties. The court evaluated claims of fraud and misrepresentation concerning the death certificate of Mst. Asghari Sarfraz. The court determined that the real legal questions regarding inheritance and ownership should be resolved in civil court, rather than through the constitutional jurisdiction of the High Court. The decision underscores the importance of proper legal procedures in cases of inheritance and property disputes, ensuring that all parties' rights are protected. This case highlights critical aspects of the Civil Procedure Code and the Specific Relief Act, emphasizing the need for accuracy in legal claims and the verification of documents. The ruling serves as a reminder of the complexities involved in inheritance law and the necessity for due process in resolving such disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Saqib Nisar
|
| Lawyers |
Muhammad Saleem Sheikh,
Fawad Ahmad, A.A.G.
|
| Petitioners |
Mst. Ghulam Fatima
|
| Respondents |
Deputy Commissioner, Kasur (D.C.O., Kasur),
Dr. Asghari Sarfraz
|
| Citations |
2007 SLD 1251 = 2007 MLD 1342
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Specific Relief Act, 1877
|
| Sections |
12(2),
199,
42,
54
|