Case Details

Citation(s)
2025 SLG 3498 2025 SLD 3498 = 2025 MLD 662
Lahore High Court
Writ Petitions Nos. 80553, 80520, 80539 and 80547 of 2023, decided on 6th November, 2024.
Before Ch. Muhammad Iqbal, J
Irshad Ahmad Sialvi for Petitioners. Muhammad Naveed Ayyaz Qureshi and Muhammad Rafiq for
Respondent No. 2. Ch. Tanveer Akhtar, Additional Advocate General for
Respondents Nos. 6 and 7. Date of hearing: 9th September, 2024.

KANIZ HAIDER and another---Petitioners

VERSUS

KHALIQ DAD and others---Respondents

Law: Constitution of Pakistan, 1973

Section: 227

Islamic law---

----Islamic law---Inheritance---Issueless owners---Principle of Return (Radd)--Applicability---Petitioners assailed mutations of inheritance of their predecessors-in-interest who died issueless and respondents received their share on the principle of Return (Radd)---Validity---On death of a Muslim, his estate devolves upon his heirs [sharers, residuary and/or distant kindred]---If deceased has no residuary, then under the principle termed as Return (Radd) such share returns to the sharers---Predecessors-in-interest of parties died issueless and left no male sharer alive---Respondents were sons of paternal uncle who inherited from the respective estates of deceased owners after satisfaction of shares of sharers---Revenue hierarchy rightly granted due shares to respondents from the estate of deceased owners---High Court declined to interfere in mutations of inheritance, as petitioners were not able to point out any illegality or material irregularity, nor there was any jurisdictional defect---Constitutional petition was dismissed, in circumstances.

Verse No. 33 Surah-i-Nisa of Holy Quran and Para 61 of Muhammadan Law by D.F. Mullah ref.

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