ABDUL REHMAN vs NAZIM Inheritance — 2021 CLC 786 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 CLC 786 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: CLC
Parties: ABDUL REHMAN vs NAZIM Inheritance
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

ABDUL REHMAN VS NAZIM Inheritance---Custom ---Scope---Right of females to inheritance---Scope---Plaintiff filed suit for declaration to the effect that she was owner in possession of the suit land to the extent of her share falling in her inheritance---Defendants filed cross suit for declaration cum perpetual injunction and cancellation of entries in revenue record claiming therein that the plaintiff had no right of inheritance as her nikah was solemnized in the Dogra regime and that according to custom prevailing at that time, the married females were excluded from the inheritance---High Court decreed the suit of plaintiff and dismissed that of defendant---Validity---No documentary proof was available on record to substantiate that the marriage of the plaintiff had taken place in Dogra regime and that, at that time, it was mandatory that subjects were to be governed by the custom--- The Holy Quran has already determined the share of the females in the inheritance and the Muslims are bound to perform all the acts according to the command ordained by the Holy Quran---High Court as well as District Court had rightly appreciated the relevant law on the subject, interference by Supreme Court was not warranted---Appeal was dismissed.

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