ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN S — 2022 SCMR 2130 SUPREME-COURT

Case information

Citation: 2022 SCMR 2130 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN S
Provisions referred to: S. 41---T

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

ZAKIA BEGUM VS NASIR-UL-ISLAM KHAN S. 41---Transfer by ostensible owners (sons)---Compensation for daughters deprived of their inheritance share---Brothers had deprived their sisters of their inheritance share in subject property by selling the same to respondents, who were bona fide purchasers without notice and for valuable consideration---Question was as to how the sisters were to be compensated for their respective shares in the sold property---Held, that the only viable solution appeared to be that the sons be directed to pay for the equivalent of respective shares of the daughters in the subject property in monetary terms---Sale price of the property when it was sold was duly documented and none of the parties had argued or alleged that the property in question was sold for a value less than its market value at the relevant time---However, the fact remained that the sons received the entire sale consideration and had since then used the same for their own benefit---Supreme Court directed that the respective shares of the daughters in the total sale consideration shall be determined; that the sons will pay mark up from the date of sale at the bank rate to the daughters on their respective shares till the time of payment; and that all other transactions relating to the properties that constituted a part of the estate of the deceased father and mother of the parties shall devolve upon all their sons and daughters in accordance with their respective shares as provided in Sharia Law---Order accordingly.

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