| Case ID |
edd42a61-c2fc-4f2d-b539-65457f9aef75 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.2805 of 2001 |
| Decision Date |
Jun 09, 2009 |
| Hearing Date |
Jun 09, 2009 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, affirming that the plaintiffs, daughters of the deceased Sheikh Tufail Muhammad, were entitled to their rightful shares of the property. The Court established that the vendee, Sheikh Muhammad Shafi, was aware of the plaintiffs' rights and could not claim protection under Section 41 of the Transfer of Property Act as he failed to exercise due diligence in the transaction. The appeal was dismissed, reinforcing the principle that co-owners cannot alienate property beyond their rightful shares. |
| Summary |
In the landmark case of Civil Appeal No.2805 of 2001, the Supreme Court of Pakistan addressed critical issues surrounding property rights and inheritance laws. The court examined the claims of the petitioners, who were the daughters of the deceased owner of a substantial estate, and their exclusion from the inheritance mutation. The court ruled that the plaintiffs were rightful co-owners of the property, as they inherited their shares immediately upon their father's death, despite being omitted from the revenue records. The judgment highlighted the legal principle that a co-sharer cannot alienate more than their share and emphasized the responsibility of purchasers to ensure they are acquiring property from lawful owners. The decision reinforced the rights of female heirs in inheritance matters, aligning with contemporary interpretations of Islamic inheritance laws. The ruling is significant for its implications on property transactions, co-ownership rights, and the protection of bona fide purchasers under the Transfer of Property Act. This case serves as a precedent for similar disputes regarding inheritance and property rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. JAVED BUTTAR,
MUHAMMAD FARRUKH MAHMUD,
SAYED ZAHID HUSSAIN
|
| Lawyers |
Abdul Rashid Awan, Advocate Supreme Court for Appellants,
Jaffar Hashmi, Advocate Supreme Court for Respondents
|
| Petitioners |
MUHAMMAD SHAMIM through Legal Heirs
|
| Respondents |
Mst. NISAR FATIMA through Legal Heirs and others
|
| Citations |
2010 SLD 2617,
2010 SCMR 18
|
| Other Citations |
Industrial Development Bank of Pakistan v. Saadi Asmatullah and others 1999 SCMR 2874,
Abdul Ghafoor and others v. Muhammad Shaft and others PLD 1985 SC 407,
Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1,
Rab Nawaz and another v. Akbar Ali and others 1989 SCMR 93,
Ali Gohar Khan v. Sher Ayaz 1989 SCMR 130,
Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53,
Muhammad Afzal v. Matloob Hussain and others PLD 2006 SC 84,
Haji Abdul Ghafoor Khan v. Ghulam Sadiq PLD 2007 SC 433,
Mst. Bilqees Begum and others v. Additional Commissioner (Revenue), Lahore and others PLD 2003 SC 899
|
| Laws Involved |
Specific Relief Act, 1877,
Transfer of Property Act, 1882
|
| Sections |
8,
41,
54
|