Law: Majmooa-e-Qawaneen-e-Islam

Section: 146,149

Law: Majmooa-e-Qawaneen-e-Islam

Section: 146,149

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Islamic Law-------Inheritance---Parentage---Legitimacy of children of deceased challenged by their uncle---Proof--Uncle in his pleadings had been adding name of his deceased brother as father of children right from Trial Court upto Supreme Court---Uncle had not objected to parentage and paternity of children before attestation of mutation of inheritance in their favour---No evidence existed on record to show that children were born after divorce of their mother or she had been living in adultery---Uncle asserted that if children relinquished their right of inheritance, then he would accept and acknowledge them as legitimate children of his deceased brother---Such stance of uncle was against the principle of Fiqa---According to Sunni school of thought a child born after six months of marriage or within two years of its dissolution would be presumed to be a legitimate child of his father---Role of uncle to grab a small piece of land by dragging and harassing children of his deceased brother was totally unbecoming of a responsible and conscientious person---Uncle had not resorted to procedure of Liyan by swearing before Qazi that such children were illegitimate and result of adultery---Deceased in his life time had neither challenged paternity of his children nor disowned them in any manner---Such children were legitimate and entitled to legacy and inheritance of their deceased father---Principles. Sections 146 of 149 of Majmooa-e-Qawaneen-e-Islam by Dr. Tanzeel-ur-Rehman; Mst. Hamida Begum v. Mst. Murad Begum and others PLD 1975 SC 624; Nazir Fatima v. Ghulam Fatima and others 1987 CLC 2073; Bashir Ahmed v. Ilam Din and others PLD 1988 SC 8; Rehmat Khan and 3 others v. Rehmat Khan and another PLD 1991 SC 275; Muhammad Tallat v. Mst. Yasmin Zohra and another PLD 1992 CLC 1180; Manzoor-ul-Haq and 3 others v. Mst. Kaneez Begum 1993 CLC 109; Muhammad Hussain alias Muhammad Yar v. Sardar Khan and 11 others PLD 1993 Lah. 575; Muhammad Pervez v. Additional District Judge and others 2000 CLC 1605; Mst. Ghulam Fatima v. Mst. Inayat Bibi and 4 others 1987 MLD 172; Muhammad Hussain v. Abdur Rehman and others PLD 1995 Pesh. 124; Verse No.15 Surah Ahqaf Part XXVI; Haji…

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