| Citation(s) |
|---|
| 2020 SLG 395 2020 SLD 395 2020 SCMR 352 |
Supreme Court of Pakistan
Civil Appeals Nos. 1520, 1521 and 1522 of 2016, decision & hearing Dated: 13-11-2019. (Against judgment Dated 10.10.2016 passed by Lahore High Court, Lahore passed in C.R. No. 2754 of 2004 and connected C.Rs.)
MUSHIR ALAM, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Malik Ejaz Hussain Gorchha, Advocate Supreme Court (in C.As. Nos. 1520 and 1521 of 2016). Malik Ghulam Mustafa Kandwal, Advocate Supreme Court (in C.A. No. 1522 of 2016). Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by:
Civil Appeals Nos. 1520, 1521 and 1522 of 2016, decision & hearing Dated: 13-11-2019. (Against judgment Dated 10.10.2016 passed by Lahore High Court, Lahore passed in C.R. No. 2754 of 2004 and connected C.Rs.)
MUSHIR ALAM, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Malik Ejaz Hussain Gorchha, Advocate Supreme Court (in C.As. Nos. 1520 and 1521 of 2016). Malik Ghulam Mustafa Kandwal, Advocate Supreme Court (in C.A. No. 1522 of 2016). Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by:
SHABLA AND OTHERS
VS
MS. JAHAN AFROZ KHILAT AND OTHERS
Law: Pakistan Penal Code, 1860
Section: 498A
(a) Islamic law--- ----Inheritance---Female heir/legatee parting with her inherited property---Burden of proof---Right of inheritance, rooted into (Muslim) Personal Law, had to be jealously guarded, therefore, a heavy onus was cast upon the claimant/beneficiary to demonstrate that a female legatee had parted with her entitlement by choice and for considerations, consciously, without duress or uncalled for persuasions, by those placed qua her in advantageous positions. (b) Limitation--- ----Fraud in inheritance---Limitation never ran against fraud, more so in matters involving inheritance rights of a female. Fazal Ellahi deceased through legal heirs v. Mst. Zainab Bi 2019 SCMR 1930; Khan Muhammad through L.Rs and others v. Mst. Khatoon Bibi and others 2017 SCMR 1476; Mahmood Khan v. Syed Khalid Hussain Shah 2015 SCMR 869; Mst. Gohar Khanum v. Mst. Jamila Jan 2014 SCMR 801; Rehmat Ullah and others v. Saleh Khan and others 2007 SCMR 729; Arshad Khan v. Resham Jan and others 2005 SCMR 1859 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. (c) Co-sharer--- ----Deemed possession---Co-sharer in an estate was deemed to be in possession of each inch thereof till the land was partitioned according the respective shares. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Ms. Jahan Afroz Khilat, respondent, inherited from her father's estate, as a minor, land measuring 2722-Kanal 12 Marla; after her marriage, she settled in the United States, where she continued to receive her share of produce; she returned in the year 1989 to learn that her entire share stood mutated in favour of his nephew Meesam Mehdi Raza Khan, way back on 10.8.1968, through the good offices of his father Ameer Ali Raza Hayat Khan, her real brother. It is in evidence that the transferee was aged about 1-1/2 years at the time of mutation. Through various transactions, the land passed on different hands, each arrayed as defendant in the suit, dismissed by the learned trial Judge vide judgment and decree dated 24.11.2011. The Appellate Court reversed the findings vide judgment and decree dated 14.09.2004, upheld by a learned Judge-in-Chamber of Lahore High Court vide…
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