Law:

Section:

(a) Islamic law-------Sect---Determination---Principle---No principle of universal application is available to determine faith of a person---Determination of faith depends on surrounding circumstances, way of life, parental faith and faith of kiths and kins---Question of sect of a person cannot be determined by opinion of parties but can be inferred from facts creating presumption of one way or the other. Mst. Sardar Bibi v. Muhammad Bakhsh and others PLD 1954 Lah. 480; Pathana v. Mst. Wasai and another PLD 1965 SC 134; Zohran Mai v. Siftan 1983 CLC 2559 and Amir Ali v. Gul Shaker PLD 1985 Kar. 365 rel. (b) Specific Relief Act (I of 1877)--- ---S. 8---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Islamic law---Will---Unregistered will---Sect---Determining factors---Namaz-e-Janaza (Funeral prayers)---Effect---Failure to produce witnesses---Dispute was with regard to faith of predecessor-in-interest of parties and plaintiffs who were collaterals to the extent of 3/4th share and had assailed mutation of inheritance on the plea that deceased was Sunni by sect and not Shia---Defendants relied upon a Will stated to have been executed by the deceased---Validity---Will was written on. a blank paper and could not be substantiated by producing any reliable evidence--Scribe of the will was not produced and one of the witnesses by whom Will was attested was not worthy of credence as name of petition writer who reduced in writing the will was in negation of record---Will relied upon by defendants was never got registered and thus could not be considered to determine faith of the deceased---Will was a fictitious and manoeuvred document prepared to get the property of the deceased and only object to reduce will in writing appeared to remove any doubt that the deceased was Shia by faith---Such doubt could not be removed as the Will could not be proved in accordance with relevant provisions of Qanun-e-Shahadat, 1984---Deceased was Sunni by faith and no concrete evidence could be led showing that he was Shia by faith---Statement of Imam Masjid of village mild not be disbelieved where the deceased used to say his prayer under his Imamat---Ordinarily a person who was Shia by…

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