Law: Muslim Family Laws Ordinance, 1961

Section: 4

Law: Muslim Family Laws Ordinance, 1961

Section: 4

Law: Constitution of Pakistan, 1973

Section: 203D

Muslim Family Laws Ordinance (VIII of 1961)-------S. 4---Constitution of Pakistan, Art. 203-D---Grandchildren---Right of inheritance---Scope---Right of grandchildren to inherit the share of their predeceased father from their grandfather ---Legality---Although Federal Shariat Court had declared section 4 of Muslim Family Laws Ordinance, 1961 to be repugnant to Islamic Sharia but such verdict was under challenge before the Supreme Court and thereby the operation of said verdict stood suspended automatically till decision of the appeal as provided by Article 203-D of the Constitution---Grandchildren, therefore, could inherit the share of their predeceased father from their grandfather. Tariq Khan Kakar for Petitioner. Nemo for Respondents. Date of hearing: 10th September, 2011. JUDGMENT MRS. IRSHAD QAISER J.--- Impugned herein are the judgments and decrees of the two learned Courts below based on concurrent findings recorded on question of facts and law. The learned Civil Judge, Kohat passed a decree for declaration and permanent injunction in favour of the respondents vide judgment and decree dated 13-12-2011, while the learned Additional District Judge-V, Kohat vide her judgment and decree dated 23-2-2012 affirmed and maintained the same in respect of Aamir Khan son of Bahadur Khan and dismissed the appeal of the petitioner against Aamir. 2. The facts of the matter in dispute are that respondents/plaintiffs filed a suit for declaration along with permanent injunction to the effect that the mutation in respect of inheritance of their predecessor Feroz Khan bearing No.623 attested 28-7-2006 in respect of Khata No.63 Moza Challi Bada Bair, Tehsil Kohat and Mutation No.436 dated 28-7-2006 are against facts, law, sharia and is the result of collusion which was fraudulently entered by the petitioners in their name by excluding the plaintiffs/respondents from the legacy of Feroz Khan. Plaintiffs also claimed to be legal heirs of Feroz Khan and sought their entitlement under section 4 of the Muslim Family Laws Ordinance, 1961 on the ground that their predecessor Bahadur Khan was also the son of Feroz Khan who died during the life time of his father Feroz Khan and they…

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