Law:

Section:

(a) Islamic Law--- ----Inheritance---Nominee of allotment of plot---Scope---Defendant's husband was member of Housing Society but he died before allotment of plot---Defendant being nominee of deceased civil servant applied for allotment of plot, which was allotted in her favour---Plaintiff filed suit for declaration to the effect that he was entitled to his share in the plot in question as inheritance which was decreed---Validity---Nomination of any person by an allottee of an estate or account holder by itself did not make the nominee the sole beneficiary or the owner of such land or account after the demise of original allottee or account holder---Estate of original allottee or the account holder would devolve on all his legal heirs in accordance with injunctions of Islam regardless of any particular person nominated by him---Such a nominee would remain accountable to all the legal heirs of the deceased for devolution of deceased's estate in accordance with the Injunctions of Islam---Suit land had not been allotted to the deceased during his lifetime and he was only member of Housing Society at the time of his death---Nominee after the death of her husband applied for allotment of plot in question and she had paid for the same---Suit land had not been allotted in favour of deceased to be inherited by the plaintiff---Impugned and decree passed by the Trial Court were set aside---Appeal was allowed, in circumstances. Muhammad Bakhsh v. Mst. Ghulam Fatima 2007 SCMR 1227; Mst. Ameeran Khatoon v. Mst. Shamim Akhtar 2005 SCMR 512; Amtul Habib v. Musarrat Parveen PLD 1974 SC 185; Kamal Afzal Farooqui v. Begum Shahzada Farooqui 1989 CLC 110; Muhammad Sohail Anjum Khan v. Abdul Rasheed Khan 2003 MLD 1095; Malik Safdar Ali Khan v. Public at Large 2004 SCMR 1219; Mst. Manzoor Ahmed v. Salaman Bibi 1998 SCMR 388; Fazal Shah v. Muhammad Din 1990 SCMR 868; Dr. Safdar Hussain v. Flt. Lt. Nadia Latif 2014 YLR 1553 and Muhammad Aslam Shah v. Province of the Punjab 2012 MLD 1768 rel. (b) Specific Relief Act (I of 1877)--- ----S. 42---Declaration under S.42 of Specific Relief Act, 1877 was discretion of the Court and same was to be exercised according to the exigencies of a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492