| Case ID |
eae1fbbd-fd5e-4408-b5d6-525286bafa01 |
| Body |
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| Case Number |
Civil Revision No.2161 of 2002 |
| Decision Date |
Sep 15, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court decided that the application for additional evidence was redundant as the respondents had conceded that they had no claim against the petitioners' personal property. The court maintained the previous judgment from 2004, emphasizing that legal heirs are entitled to the estate of a deceased individual, and any independently purchased property by a legal heir cannot be included in the deceased's estate. The petitioners are entitled to file an objection under Section 47 of the Civil Procedure Code to remove their property from the estate of the deceased Noor Muhammad. |
| Summary |
In the case of Civil Revision No.2161 of 2002, the Lahore High Court addressed the issue of additional evidence in the context of inheritance under Islamic law. The petitioners sought to produce documents to prove their claim over certain properties which they argued were not part of the estate of the deceased Noor Muhammad. The court emphasized the importance of distinguishing between properties that belong to legal heirs and those that are part of a deceased's estate. The ruling highlighted the principles of Muslim Personal Law regarding inheritance, underscoring that legal heirs cannot claim properties independently acquired by others. This case illustrates critical aspects of inheritance law and civil procedure in Pakistan, providing clarity on the rights of petitioners in inheritance disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHALID MEHMOOD KHAN, J
|
| Lawyers |
Muhammad Hanif Niazi for Petitioners,
Tasawar Hussain Qureshi for Respondents
|
| Petitioners |
GUL MUHAMMAD and 2 others
|
| Respondents |
ALI MUHAMMAD and 48 others
|
| Citations |
2011 SLD 653 = 2011 CLC 812
|
| Other Citations |
Not available
|
| Laws Involved |
Muslim Personal Law (Shariat) Application Act, 1962,
Civil Procedure Code (V of 1908)
|
| Sections |
3,
47
|