Law: Islamic law

Section:

Law: Constitution of Pakistan, 1973

Section: 227

Law: Qanun-e-Shahadat (10 of 1984)

Section: 72,117,120

(a)   Islamic  law---

----Inheritance, right of---Devolution of inheritance of the property of a deceased bachelor/spinster---Scope---After the death of father of spinster his mother married the brother of her husband ('R') and out of the wedlock petitioner was born---Upon death of spinster, inheritance mutation was made in favour of her uterine brother (petitioner)---R's other sons from a different wife (respondents Nos.1 & 2) instituted a suit for declaration, claiming that they were also entitled to inherit from spinster as R's sons---Petitioner also filed a suit claiming that he was sole heir of spinster---Suit of the petitioner was dismissed, whereas the one instituted by respondents Nos.1 and 2 was decreed--

-Petitioner preferred an appeal, which was also dismissed---Validity--- Petitioner was real uterine brother of spinster and under Islamic law when a real brother of a deceased issueless spinster lady is alive, he is entitled to inherit the entire estate of the deceased and the paternal uncle or his successors were not entitled to inherit any share---Evidence produced by the respondents was in the statement of their counsel, thus, the same was inadmissible--- Decision of fora below on issues Nos.1 to 3 suffered from blatant misreading and non-reading of evidence as well as mis-application of law, thus, High Court in exercise of its revisional jurisdiction under S.115, C.P.C. reversed the concurrent findings of the lower fora---Civil revision was allowed, in circumstances.