ABID ALI vs MUHAMMAD TAHIR Will — 2021 CLC 1788 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1788 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: ABID ALI vs MUHAMMAD TAHIR Will
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABID ALI VS MUHAMMAD TAHIR Will---Validity---Scope---Will, in favour of legal heirs---Principle---Plaintiffs claimed to be owners of suit property on the basis of 'Will Deed' executed by their deceased father during his life time---Defendants were also legal heirs of deceased who were denied execution of any such deed---Trial Court and Lower Appellate Court concurrently dismissed the suit and appeal filed by plaintiffs---Validity---Legal heirs had not consented rather contested the suit and alleged 'Will Deed' was not according to Islamic Law---When other legal heirs did not assent to bequest to plaintiffs, the property was to be devolved in inheritance by way of inheritance mutation attested in favour of parties to all legal heirs as per law and "Will" could be valid to the extent of 1/3rd of the property---"Will Deed" could only be enforceable as the bequeath of deceased if it was assented to by other legal heirs, who did not assented to the will as such the same was not enforceable---High Court in exercise of revisional jurisdiction declined to interfere in concurrent judgments and decrees passed by two Courts below as there was no illegality or misreading or non-reading of evidence could be pointed out---Revision was dismissed, in circumstances.

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