Law:

Section:

(a) Sri Pratap Jammu and Kashmir Laws Consolidation Act (4 of 1977) (B.K.)--- ----S. 4---Suit for declaration---Inheritance--- Custom--- Proof---Procedure---Contention of defendants was that plaintiff was not entitled to legacy of her father due to custom followed by the family of the parties---Suit was dismissed by the Trial Court but Appellate Court decreed the same---Validity were bound to prove the custom in derogation of personal law---Custom must be proved to have been exercised not merely by virtue of an agreement between the parties but as of right---Once custom was pleaded it must be proved by satisfactory evidence---Parties would be presumed to be governed by the personal law unless they proved that they were governed by custom and it did abrogate their personal law---Depriving plaintiff from her share in inheritance of her father was against the mandate of Holy Quran and Sunnah---Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977 empowered the Courts to apply Islamic Law where parties to the case were Muslims could not prove that their family was governed by the custom, they being Muslims were bound by the Islamic Law---Legacy after the death of a Muslim under the Islamic Law would devolve upon his/her legal heirs---Plaintiff being daughter was entitled to her share from the legacy of her deceased father could not deprive plaintiff from her share merely on the basis of possession---Possession of brothers would be deemed to be possession of their sisters unless there was an express repudiation of the claims of sisters---Property of a Muslim after his/her death would devolve upon his legal heirs irrespective of any entry in the revenue record---Muslim could not adopt a course of action or take a stance in opposition and violation of Islamic Injunctions with regard to inheritance or any other aspect of life---No illegality had been committed by the Appellate Court while passing the impugned and decree---Appeal was dismissed, in circumstances. Mst. Zargoon and others v. Mst. Shadana and others 2002 CLC 1539; Barkat Ali and 6 others v. Mst. Jan Begum and 5 others 1998 SCR 333; Mst. Kaneez Fatima and another v. Ghulam Hussain and 10 others 1985 CLC…

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