Law:

Section:

Islamic Law--- ----Inheritance---Nephew being son of pre-deceased brother could not claim inheritance even as vested inheritance as his father was not alive at the time of opening of succession---Daughter being sole legal heirs was entitled to half of the estate of the deceased as sharer and the remaining half which was to be treated as residue would also devolve on her---Both the courts below had passed s and decrees in violation of law of inheritance---Impugned s and decrees being contrary to law were set aside and suit filed by the plaintiffs was dismissed---Second appeal was allowed in circumstances. ORDER NAZAR AKBAR, J.-- This Ilnd Appeal is directed against the concurrent findings of the Court of Ilnd Senior Civil Judge, Hyderabad whereby F.C. Suit No. 304 of 1997 filed by respondents Nos. 1 to 3 was decreed by judgment dated 29.05.2006 and 1st Civil Appeal No. 122 of 2006 against the said decree was dismissed by VIIth Additional District Judge, Hyderabad by judgment dated 30.09.2010. 2. Briefly stated the facts of the case are that respondents Nos. 1 to 3 filed Suit for Declaration and Partition of the properties of deceased Allah Noor Khan son of Chand Khan i.e. House No. 169, Block-E, Unit No.8, Latifabad, Hyderabad (herein-after referred to as "the suit property") against the appellant and also claimed share in the rental income from the suit property to the extent of their share as Residuary. The suit property was originally owned by late Allah Noor Khan son of Chand Khan who happened to be real father of Mst. Sughra Begum/appellant No.1 and uncle of deceased Abdul Razaq son of Noor Muhammad Khan. Appellant No.1 is also first wife of deceased Abdul Razaq son of Noor Muhammad Khan. 3. The respondents/plaintiffs Mst. Akbari Begum is second wife of deceased Abdul Razaq and Nadeem Khan and Pervaiz Khan are also his sons from his marriage to her and they claimed that Mst. Sughra Begum (appellant No.1) was not entitled to inherit the entire suit property left by deceased Allah Noor Khan, her father since she was sole daughter of deceased Allah Noor Khan. According to Muhammadan Law, the respondents contended, Mst. Sughra Begum/appellant No.1 being sole…

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