Law:

Section:

Islamic law--- ----Inheritance---Proof of relationship between deceased and legal hiers---Pedigree table appearing on a mutation---Significance---Pedigree-table alone and by itself is not a proof of relationship unless such relationship is proved through witnesses or other independent evidence---Simple production of pedigree-table through a counsel without any corroborative evidence is not sufficient to conclude that a party was not related to the deceased. Bashir Ahmad through L.Rs. v. Muhammad Hussain and another 2010 SCMR 822 ref. JUDGMENT SHAHID WAHEED, J.---This appeal with the leave of this Court is by the defendants and raises two very simple questions, whether Mst. Nooran Bibi and Mst Fateh Khatoon were sisters of Mohammad son of Khanoo and whether they were rightly excluded from the inheritance of Mohammad. Mst. Nooran Bibi and Mst. Fateh Khatoon (represented by their legal heirs) said that their late brother Mohammad was married to Mst. Zohra daughter of Janoo but had no children and died issueless before 1947 and after his death, according to custom, all his property (now suit property) devolved on his wife as limited owner, later Mohammad’s wife remarried, on which the suit property was to be transferred to all the heirs of Mohammad including his sisters, but on the contrary, the defendants illegally got it transferred to their name only vide mutation No.675 dated 29th September 1992, and thus, the sisters were deprived of their right. Based on the above-stated facts, the suit was brought before the Civil Court seeking a declaration that Mst. Nooran Bibi and Mst. Fateh Khatoon being real sisters of Mohammad were entitled to get their share from the inheritance of Mohammad and mutation No.675 was void. On the other hand, the stance of the defendants was that Mohammad had no sister, so the claim of the plaintiffs was baseless. 2. On pleadings, the trial Court framed as many as ten issues but out of them issues Nos. 8 and 9 were important. Issue No.8 was whether mutation No.675 dated 29th September, 1992 was void, while issue No.9 was whether Mst. Nooran Bibi and Mst. Fateh Khatoon, were real sisters of Mohammad and died after him? Both parties…

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