Law:

Section:

Islamic law--- ----Inheritance---"Full sister" of the propositus---Doctrine of "Radd" or "Rule of exclusion"---Applicability---Propositus was survived by his widow, full sister and sons of predeceased brother---Revenue authorities distributed legacy of propositus by giving 1/4th share to widow, 2/4th share to full sister and 1/4th share to nephews (sons of predeceased brother)---Plea of full sister that being full sister in default of full brother and the others, she being nearer as a residuary was entitled to inherit 3/4th share while excluding the remote sons of predeceased brother under the doctrine of "Radd" or "rule of exclusion; held, that the propositus died without leaving any child, child of a son, father, grandfather, brother or consanguine brother, hence the full sister had to inherit being a sharer---Although there might be an eventuality when status of a sister being sharer may also be converted into residuary, but condition precedent for such capacity would be either when she had a brother or in his default there be a daughter or daughters, or son's daughter or daughters, or even if there was one daughter and a son's daughter or daughters---In the present case, no such situation arose and the full sister as well as sons of predeceased brother were rightly awarded shares as per dictates of Holy Quran and Sunnah hence the full sister was not entitled to take the residue---Revision petition was dismissed in circumstances. Saadullah and others v. Mst. Gulbanda and others 2014 SCMR 1205; Muhammadan Law by D.F. Mullah and Sura An-Nisa Verse No. 176 ref. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, J.- There is no dissension that Muhammad Yasin son of Muhammad Farooq was adherent of Hanfi sect, who departed in 1993 leaving behind Umut-ul-Mateen, widow, Mst. Shah Jehan, sister/ petitioner and sons of predeceased brother/respondents. The Revenue Hierarchy distributed the legacy after due inquiry conducted in public gathering through attestation of mutations Nos.74 and 471 dated 28.02.1994 in the following terms:- i) Widow/respondent No. 7 1/4th share ii) Sister/petitioner 2/4th share iii) Nephews/contesting respondents (sons of pre-deceased…

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