| Case ID |
fefd8594-cb1a-4494-b2e8-a4330a918b92 |
| Body |
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| Case Number |
Civil Appeal No. 60 of 1979 |
| Decision Date |
Jun 26, 1983 |
| Hearing Date |
Jun 26, 1983 |
| Decision |
The Supreme Court modified the decree of the lower courts, stating that Mst. Sardara is entitled to 1/6th out of the inheritance of Ajun, not 1/2 as previously held. The court emphasized the application of Muhammadan Law regarding inheritance, clarifying the share of uterine siblings. The decision rectified earlier miscalculations and established the rightful share based on established legal principles. No costs were awarded in this case. |
| Summary |
This case revolves around the inheritance rights of Mst. Sardara, who claimed shares from the estate of her uterine brother Ajun under Muhammadan Law. The Supreme Court of Pakistan examined the legal provisions related to inheritance for uterine siblings and found that Mst. Sardara was entitled to 1/6th of Ajun's estate rather than 1/2 as previously awarded by the lower courts. The final judgment emphasized the importance of correctly interpreting inheritance laws, particularly in cases involving complex familial relationships. This decision is pivotal for understanding the nuances of inheritance under Islamic law and reinforces the necessity for accurate legal representation in civil appeals. The court's ruling serves as a significant reference for future cases involving similar issues, highlighting the critical role of legal expertise in navigating the intricacies of inheritance disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. S. H. QURAISHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Amen Khan,
M. Qasim Imam,
Saeed Beg,
Nur Ahmad Khan
|
| Petitioners |
ANOTHER,
MUSALLI KHAN
|
| Respondents |
Mst. SARDARA
|
| Citations |
1983 SLD 139,
1983 SCMR 823
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Muhammadan Law
|
| Sections |
Art. 185(3),
Inheritance
|