GULZAR AHMAD vs AYESHA NAZ SARWAR arts — 2022 CLC 675 LAHORE-HIGH-COURT-LAHORE

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GULZAR AHMAD VS AYESHA NAZ SARWAR arts.2(7), 117 & 118---Inheritance/succession---Muslim personal law---Presumption of fact---Burden to prove---Suit for declaration---Petitioners/plaintiffs assailed mutation of inheritance of their deceased brother alleging that the deceased was of Sunni faith but impugned mutation was fraudulently sanctioned in favour of respondents/wife and daughter of the deceased showing the deceased to be of Shia faith---Concurrent dismissal---Petitioners contended that Nikah of deceased was solemnized by Sunni Maulana; that Bank statement of deceased revealed that he opted the deduction of Zakat; that respondent had failed to show her knowledge about Shia faith---Validity---as to answer the question of fact whether the deceased was of Sunni faith or Shia faith being a particular fact, onus to prove was on the petitioners, which they had failed to discharge---Petitioners could not be able to point out any evidence wherefrom such aspect could be proved---Petitioners had failed to produce evidence wherefrom it could be proved/presumed that a Maulana who was following Sunni faith was debarred from solemnizing the Nikah of the spouses following Shia faith---Fact that deceased had been paying Zakat form his Bank account did not prove that he was of Sunni faith---Lack of knowledge regarding Shia faith could by no means prove that deceased was not following the Shia faith---Estate of a deceased had to be divided according to his faith and personal law and not according to the faith of the successors---Certificate issued by Jafria Trust highlighting that the deceased was their member and was practicing Shia faith was not challenged by the petitioners in the main suit---Revision petition was dismissed accordingly.

GULZAR AHMAD vs AYESHA NAZ SARWAR arts — 2022 CLC 675 LAHORE-HIGH-COURT-LAHORE

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