| Citation(s) |
|---|
| 2017 SLG 956 2017 SLD 956 2017 PLJ 231 |
Lahore High Court
C.R. No. 1705 of 2005, decided on 19.2.2016. Date of hearing: 22.1.2016.
ALI AKBAR QURESHI, JUSTICE
Mr. Saeed-uz-Zafar Khawaja, Ch. Muhammad Naseer, Asjad Saeed, Advocates for Petitioners. Mr. Bakhtiar Mahmood Kasuri, Abdul Wahid Chaudhry, Advocates for
Respondents. Mr. Shahid Naseem Gondal and Mushtaq Ahmad Mohal, Advocates for
Respondent No. 9-C.
C.R. No. 1705 of 2005, decided on 19.2.2016. Date of hearing: 22.1.2016.
ALI AKBAR QURESHI, JUSTICE
Mr. Saeed-uz-Zafar Khawaja, Ch. Muhammad Naseer, Asjad Saeed, Advocates for Petitioners. Mr. Bakhtiar Mahmood Kasuri, Abdul Wahid Chaudhry, Advocates for
Respondents. Mr. Shahid Naseem Gondal and Mushtaq Ahmad Mohal, Advocates for
Respondent No. 9-C.
MUHAMMAD ILYAS (DECEASED) THROUGH HIS LEGAL HEIRS AND OTHERS ERS
VS
MST. KHURSHEED BIBI (DECEASED) THROUGH HER LEGAL HEIRS AND OTHERS --RespondentS
Law:
Section:
Muhammadan Law-- ----Inheritance mutation--Residuaries--Distant kinderd--According to mandate of Muhammadan Law, in presence of residuaries, distant kindred cannot inherit anything--It is settled principle of Islamic Law, that nearer in decree excludes more remote, therefore, as per pedigree table and law, both ladies are not only distant kindred but also remoter in decree. Residuaries-- ----Inheritance mutation--Being distant kindred in presence of residuary--Entitlement of--Being distant kindred are not entitled to inherit anything from property left by deceased, as whole of property left by deceased is to be inherited being residuaries. Muhammadan Law-- ----Sole residuary--Succession--Legal heirs--It is well established principle of Muhammadan Law, moment Muslim owner dies, succession of estate left by Muslim owner immediately opens and devolves upon legal heirs, meaning thereby when "H" died, his inheritance was immediately devolved upon "B" being sole residuary and when "B" died, in same manner, his succession opened and devolved upon heirs and by that way all persons became owners of property left by deceased predecessor, to extent of their shares--Both mutations were not attested and sanctioned in accordance with law, therefore, mutations would not affect rights of heirs who inherited property. [P. 236] C Inheritance-- ----Limitation--In matter of inheritance, no length of time would extinguish right of inheritance and bar of limitation is not applicable. 2002 CLC 587 Lah. 2005 SCMR 1447, 2007 SCMR 1446, 2011 YLR 2099 & 2014 SCMR 801 & 2015 SCMR 869, rel. 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, whereas the suit titled Khursheed Bibi etc. v. Muhammad Ilyas etc. filed by the respondents was decreed. 3. This case has a long history and question of inheritance is…
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