Law: Muslim Family Laws Ordinance, 1961

Section: 4

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

(a) Muslim Family Laws Ordinance (VIII of 1961) --------- ----------S.4 --------- Civil Procedure Code (V of 1908), O.VII, R.11 --------- Succession --------- Son of predeceased sister of deceased --------- Inheritance, right of --------- Scope --------- Categories of legal heirs --------- Plaint, rejection of --------- Provisions of S. 4 of Muslim Family Laws Ordinance, 1961 were applicable to a specific category of class of legal heirs i. e. sons and daughters of deceased which could not be applied to the son of predeceased sister of deceased --------- Sons and daughters of predeceased sister would come in the third category of legal heirs i.e. distant kindred --------- Shares out of assets at first were to be consumed by the sharers and left over to be consumed by the residuaries and if there were no residuaries then same had to revert back to the sharers --------- If sharers and residuaries were available then distant kindred were not entitled to share under Islamic Law --------- Both the sharers and residuaries were available in the present case and there was no question of inheritance by distant kindred --------- Plaintiff being in the third category of legal heirs was not entitled to inherit share from the assets left by the deceased in presence of sharers and residuaries --------- Plaint could not be rejected in piecemeal --------- Application for rejection of plaint was dismissed in circumstances. Barkat Bibi Ghuman Bibi's case 2005 MLD 280 ref. 2007 MLD 800 rel. (b) Islamic law --------- ----------Inheritance --------- Categories of legal heirs --------- Categories of legal heirs were sharer, residuaries and distant kindred. THIS ORDER PASSED BY: MUHAMMAD SHAFI SIDDIQUI, JUSTICE:---------- The plaintiff has filed this suit for administration, partition, declaration, permanent injunction, cancellation of documents and compensation. The case of the plaintiff is two folded. Substantially the plaintiff has claimed his share in respect of the property left behind by the deceased Hassan Mustafa. The plaintiff claims to be son of pre-deceased sister of deceased Hassan Mustafa. The plaintiff's mother Mst. Jamal Fatima died on 31.5.1979. It is the case of the…

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