Law:

Section:

Islamic Law-------Inheritance---Plaintiffs had claimed that mother of defendants was not wife of the deceased and defendants who were sons and daughters, were not legal heirs of deceased---Plaintiffs had claimed that they being the only sons, daughters and wife of the deceased, were exclusively entitled to right of inheritance---Trial Court on basis of evidence adduced by three real sisters of deceased and one real cousin of parties to the effect that mother of defendants was second wife of deceased and that defendants were offspring from said Nikah, decreed the suit and finding of Trial Court was affirmed by Appellate Court---Onus to prove the issue that deceased had contracted second marriage with mother of defendants, was on defendants which they had successfully discharged by adducing evidence of real sisters of deceased and real cousin of parties which evidence remained unshaken in lengthy cross-examination and also was corroborated by other evidence of witness---statement made by real sisters of deceased and real cousin of parties were relevant in terms of Art.64 of Qanun-e-Shahadat, 1984 as said persons had special means to know about relationship of deceased and mother of defendants---Conduct reflected in statements of said witnesses had proved beyond doubt that mother of defendants was lawful second wife of the deceased and defendants being legal heirs of deceased were entitled to inheritance alongwith other legal heirs of deceased. Ghulam Muhammad and others v. Allah Yar and others PLD 1965 Lah. 482 ref. JUDGMENT Alleging that Mst. Kaniz Fatima, mother of the respondent/defendants was not wife of Ghulam Akbar Khan and the remaining respondents are not his children and legal heirs. petitioners/plaintiffs Nos. l to 4 claimed to be his only legal heirs (sons and daughter and Mst.Ghulam Aisha who claimed to be his only widow) and pleaded exclusivity in their right of inheritance. The suit was contested. It was averred by the respondents/defendants that Mst.Kaniz Fatima was second wife of Ghulam Akbar Khan, that from the wedlock were born Muhammad Akhtar, Muhammad Afzal (sons) and Mst.Farzana, Mst.Sajida and Mst.Rukhsana daughters. They pleaded for their…

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