AKRAM vs VAKEEL MUHAMMAD Will — 2022 CLC 1700 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 1700 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: AKRAM vs VAKEEL MUHAMMAD 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

AKRAM VS VAKEEL MUHAMMAD Will---Suit for cancellation of document, declaration and injunction---Islamic law---Deed of will---Proof---Marz ul Maut---Absence of legal heirs---Respondents / plaintiffs assailed Will Deed allegedly executed by their deceased father in favour of petitioner / defendant---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of respondents/plaintiffs---Validity---Bequest to an heir was not valid unless other heirs consented to the bequest after death of the testator---Appellant/defendant failed to satisfy legal value of Will Deed as bequest intended to grant additional share in favour of one of the legal heirs besides share of his own as per Sharia---When all male heirs other than beneficiary of Will objected, such Will could not satisfy requirements of Islamic Law---Testator was nearly on death bed who was aged more than 90 years and had died within 40 days of the date of signing of Will---When testator was at last stage of life, special precautions could have been taken, which included making such announcement of the Will in front of other legal heirs or to do any other overt act---One of the marginal witnesses chose not to support contentions of beneficiaries of the Will---Lower Appellate Court's judgment took care of concerns of remaining legal heirs whose rights were seriously prejudiced by Will in question---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Revision was dismissed, in circumstances.

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