Case Details

Citation(s)
2023 SLG 3008 2023 SLD 3008 = 2023 PLD 321
Sindh High Court
Second Appeal No. 85 of 2019, decided on 2nd August, 2021.
Before Nadeem Akhtar, J
Arif Ali Bhatti for Appellants. Muhammad Asif Zai for
Respondent No.1. Muhammad Ilyas Dars for
Respondent No.2. Muhammad Humayoon Khan, D.A.G. for
Respondents Nos. 3 and 4. Dates of hearing: 18th January and 22nd February, 2021.

Mst. NAZ BIBI through L.Rs. and others---Appellants

VERSUS

WAHID BUX through L.Rs. and others---Respondents

Law: Islamic law

Section:

(a) Islamic law---

----Inheritance---Tarkah---Scope---Legal heirs of a deceased person can inherit only from the estate/tarkah of the deceased---Any property, right or benefit that does not form part of the estate/tarkah, is not inheritable.

(b) Islamic law---

----Inheritance---Tarkah---Scope---Only such property of the deceased person is inheritable and shall form part of his estate/tarkah that was in his ownership at the time of his death, or he had acquired an absolute right in law to claim it during his lifetime.

Wafaqi Hakumut Pakistan v. Awamunnas PLD 1991 SC (Shariat Appellate Bench) 731 rel.

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