Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.31

Law: Transfer of Property Act, 1882

Section: 41

Specific Relief Act (I of 1877)--- ----S. 42---Transfer of Property Act (IV of 1882), S. 41---Suit for declaration---Inheritance---Will/gift---Proof---Plaintiff was allegedly deprived of her share by her brothers---Contention of plaintiff was that she was entitled to her share from the legacy of her father and impugned Will deed and Gift were against law and based on fraud---Suit was decreed by the Trial Court---Validity---Right to Will could not be allowed to be exercised to the detriment of rights of other legal heirs---Only one marginal witness of Will had been produced who was unaware with regard to the contents/details of said instrument---Defendants had failed to prove the alleged will, in circumstances---Impugned gift deed was got executed at the time when plaintiff was minor and said document had lost its efficacy---Plaintiff had become owner of suit property to the extent of her share immediately after the death of her father---Defendant being co-owner was not entitled to alienate more than his entitlement from the suit property---Protection extended to the transaction made in favour of alleged bona fide purchaser by the Trial Court was against the law and vested rights of legal heirs who never consented to such transaction---Any transaction made by the brothers of plaintiff beyond their entitlement was void and ineffective upon the rights of other legal heirs and same could not be protected---Appeal was disposed of accordingly. 1995 SCMR 266; 2009 SCMR 589; 1990 CLC 1205; PLD 2003 SC 818; 1997 SCMR 643 and PLD 1973 Note 13 ref. Abdul Rehman and 2 others v. Zainab Bibi 2010 MLD 978; Rab Nawaz and another v. Akbar Ali and others 1989 SCMR 93; Ali Gohar v. Sher Ayaz 1989 SCMR 130 and Muhammad Hussain v. Wahid Bakhsh 2004 SCMR 1137 rel. THIS JUDGMENT DELIVERED BY: IJAZ ANWAR, J.--- Through this single judgment I intend to dispose of the following three regular first appeals being the outcome of one and the same judgment and decree dated 27.9.2012, passed by the learned Judicial Magistrate-II, D.I. Khan in Suit No. 13/1 (Neem) 2012. 1. R.F.A.No.74 -D/2017. (Mian Din Muhammad and others v. Mst. Zaitoon and others). 2. R.F.A. No. 76 -D/2017. (Mst. Zaitoon v.…

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