FARHAN ASLAM vs Mst — 2021 SCMR 179 SUPREME-COURT

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

FARHAN ASLAM VS Mst. NUZBA SHAHEEN arts. 24(1), 25(3), 29(1), 35 & 37---Islamic law---Inheritance rights of women, widows, children and orphans---Protection provided under the Constitution. Citation Name: 2021 SCMR 179 SUPREME-COURTBookmark this Case FARHAN ASLAM VS Mst. NUZBA SHAHEEN Inheritance, opening of---Legal heir inherited property to the extent of his/her share the very moment his/her predecessor passed away. Citation Name: 2021 SCMR 179 SUPREME-COURTBookmark this Case FARHAN ASLAM VS Mst. NUZBA SHAHEEN Gift mutation---Proof---Purported gift mutations depriving widows and daughters from their share of inheritance---Revenue authorities, duty of---Revenue authorities must be extra vigilant when purported gifts were made to deprive daughters and widows from what would have constituted their shares in the inheritance of an estate---Concerned officers must fully satisfy themselves as to the identity of the purported donor/transferee and strict compliance must be ensured with the applicable laws--- Purported gifts and other tools used to deprive female family members, including daughters and widows, were contrary to law (shariah in such cases), the Constitution and public policy. Citation Name: 2021 SCMR 179 SUPREME-COURTBookmark this Case FARHAN ASLAM VS Mst. NUZBA SHAHEEN Gift mutation---Proof---Wife and daughter of deceased deprived of inheritance through fictitious gift mutation---Purported donees (petitioners) of the gift, who were nephews of the deceased-purported donor failed to establish the gift of land in their favour---Beneficiaries of a gift had to establish the same---Two of the purported donees were stated to be minors, however, the third was an adult but he did not come forward to testify that the gift was made in his favor, that he accepted it and received possession of the land---Instead, his father testified but did not provide particulars of the gift, including when and where the gift was made; he also did not testify as an attorney---Furthermore there was no reason for a father and a husband to disregard his own flesh and blood and wife and gift away all his land to his nephews---In the present case the respondents (widow and daughter of deceased) were deprived because of the acquisitive greed of the purported donees who were facilitated and enabled by the revenue authorities in recording the making of a fictitious gift mutation---Violating the law of inheritance, which in the case of Muslims was the shariah, and exploiting the most vulnerable members of society was wholly unacceptable---Petition for leave to appeal was dismissed with costs throughout payable to the respondents (widow and daughter of deceased) by the petitioners-purported donees through the Trial/ Executing Court.

FARHAN ASLAM vs Mst — 2021 SCMR 179 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 SCMR