Law:

Section:

Islamic Law-------Inheritance---Original owner of property in dispute died unmarried and his mother after death of her husband/father of deceased owner, married with brother of her deceased husband/uncle of the original owner---Mutation of inheritance was attested in favour of the mother, real sister and five uterine brothers and sisters of deceased original owner---Mother of deceased owner was thus entitled to 1/6th share, his real sister was entitled to 1/2 share while his uterine brothers and sisters were collectively entitled to 1/3rd as sharers---Entire estate of deceased owner, in circumstances, was devolved on mother, real sister and uterine brothers and sisters of deceased as sharers---Since nothing was left after satisfying claim of sharers, residuaries would .not be entitled to inherit estate of deceased. Muhammad Farooq Qureshi Chishti for Petitioners. Zahid Hussain Khan for Respondents. Date of hearing: 4th April, 2002. JUDGMENT This revision petition, is directed against the concurrent judgments and decrees of the learned two Courts whereby the suit filed by respondents Nos.1 to 6 and 10 to 14 has been decreed abut was dismissed to the extent of plaintiff-respondent No.7. The dispute in this case relates to inheritance of one Haji Ahmad son of Alam Noor who died unmarried somewhere in 1984. Mutation of Inheritance No.7379 was attested on 27-11-1994, in favour of petitioners Nos. 1 to 5 (sons and daughters of Mst. Sabhai from her second marriage with Alam Sher, real brother of Alam Noor), Mst. Fateh Khatoon, real sister (petitioner No.6) and Mst. Sabhai, the mother (petitioner No.7). The case of the plaintiffs ­respondents Nos.1 to 7 and 10 to 14 was that Afzal Khatoon (respondent No.7) was the widow of the deceased, respondents Nos.1 to 6 were the sons of Sultan and respondents Nos. 10 to 14 were the sons of the two other real uncles of the deceased. Respondents Nos.8 the co-defendants in the suit alongwith the petitioners. The respondents claimed to be also entitled to inherit the estate deceased. The suit was contested. Necessary issues were framed and, it was tried. 2. The learned trial Court found that marriage of Afzal Khatoon (respondent…

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