| Case ID |
f7d7ae9a-4929-400b-938f-16c0590fa76e |
| Body |
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| Case Number |
Civil Revision No. 3687 of 2021 |
| Decision Date |
Aug 06, 2021 |
| Hearing Date |
Jun 07, 2021 |
| Decision |
The Lahore High Court allowed the civil revision petition filed by the petitioner, Muhammad Salehon, and set aside the earlier judgment and decree passed by the Appellate Court. The Court found that the evidence presented by the petitioner was consistent and credible, establishing that the deceased, Salehon, died issueless and was a confirmed bachelor. The respondents failed to substantiate their claims of being legal heirs through credible evidence. The Court emphasized the importance of documentary evidence over oral testimonies when contradictions arise, thereby ruling in favor of the petitioner based on the lack of reliable evidence from the respondents. |
| Summary |
In the case of Civil Revision No. 3687 of 2021, the Lahore High Court addressed the legal heirship of Muhammad Salehon, who died issueless. The petitioner contended that the respondents, Irshad Begum and Sidra Batool, fraudulently obtained a mutation declaring themselves as legal heirs. The Court analyzed the evidence, highlighting contradictions in the respondents' claims and emphasizing the importance of credible witnesses and documentation. The decision reinforces the principles of inheritance law and the significance of proving legal heirship through reliable evidence. Legal professionals should note the implications of this ruling for future inheritance disputes, as it underscores the necessity for clear and corroborative evidence when establishing claims of heirship. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Abid Hussain Chattha,
Muhammad Bashir
|
| Lawyers |
Khalid Pervaiz Warraich,
Tazheer Shahzad Tarar
|
| Petitioners |
Muhammad Salehon
|
| Respondents |
Sidra Batool,
Irshad Begum
|
| Citations |
2022 SLD 436,
2022 YLR 313
|
| Other Citations |
Hafiz Tassaduq Hussain v. Lal Khatoon and others PLD 2011 SC 296,
Asad Ali and 9 others v. The Bank of Punjab and others PLD 2020 Supreme Court 736,
Abdul Razaq v. Abdul Ghaffar and others 2020 SCMR 202,
Muhammad Faisal Sultan and another v. Muhammad Ajmal through his Legal Heirs 2018 CLC 1782,
Taj Muhammad Khan (deceased) through L.Rs. and another v. Mst. Munawar Jan and others 2009 SCMR 598,
Ghulam Muhammad v. Zohran Bibi and others 2021 SCMR 19,
Province of Punjab through Collector, Toba Tek Singh and others v. Muhammad Farooq and others 2012 SCMR 1942
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
64,
70,
72,
113,
115
|