Case Details

Citation(s)
2016 SLG 3660 2016 SLD 3660 2016 MLD 1674
Lahore High Court

ALI AKBAR QURESHI, JUSTICE
Saeed-uz-Zafar Khawaja, Ch. Muhammad Naseer, Asjad Saeed for Petitioners. Bakhtiar Mahmood Kasuri, Abdul Wahid Chaudhry for
Respondents. Shahid Naseem Gondal and Mushtaq Ahmad Mohal for
Respondent No. 9-C.

MUHAMMAD ILYAS THROUGH L.RS. AND OTHERS ERS

VS

KHURSHEED BIBI THROUGH L.RS. AND OTHERS --RespondentS

Law:

Section:

(a) Islamic Law--- --------Inheritance---None of the plaintiffs were entitled to anything out of the legacy of propositus as they did not fall in the category of sharer---Distant kindred could not inherit anything in presence of residuaries---Nearer in decree would exclude the more remote --------- Propositus of the plaintiffs were not only distant kindred but also remoter in decree and they were not entitled to inherit anything from the property---Both the mutations were not attested in accordance with law which would not affect the rights of the heirs who would inherit the property---Bar of limitation was not applicable in the matter of inheritance. Mst. Bushra Bibi and 2 others v. Muhammad Sharif and 23 others 2002 CLC 587; Muhammad lqbal and others v. Allah Bachaya and 18 others 2005 SCMR 1447; Atta Muhammad v. Maula Baksh and others 2007 SCMR 1446; Allah Yar v. Mst. Zahoor Elahi and 5 others 2011 YLR 2099; Mst. Gohar Khanum and others v. Mst. Jamila Jan and others 2014 SCMR 801; Mahmood Shah v. Syed Khalid Hussain Shah and others 2015 SCMR 869; Mst. Grana through Legal Heirs and others v. Sahib Kamala Bibi and others PLD 2014 SC 167; Cantonment Board through Executive Officer Cantt. Board Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469 and Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373 rel. (b) Islamic Law--- --------Inheritance---Legal heirs---Classes---Classes of legal heirs were sharer; residuary and distant kindred. (c) Islamic Law--- --------Inheritance---When Muslim owner died his succession would open and devolve upon the legal heirs. (d) Limitation--- --------Inheritance---No limitation would run in the matter of inheritance. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI, JUSTICE:------------------ This single judgment will dispose of two cases i.e. C.R.Nos.1705 and 1706 of 2005, being arisen out of the same judgment and decree. 2. This civil revision is directed against the judgment and decree dated 28.04.2005 and 16.12.2000, whereby through a consolidated judgment, suit titled as Muhammad Ilyas etc. v. Khursheed Bibi etc. filed by the petitioners was dismissed,…
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