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ABDUL REHMAN vs Mst — 2022 SCMR 399 SUPREME-COURT

Case information

Citation
2022 SCMR 399 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ABDUL REHMAN vs Mst
Subject matter
Criminal

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 Mst. ALLAH WASAI Inheritance---Dispute between sisters and mother of deceased over his faith/sect---When the impugned inheritance mutation was initially entered and sanctioned (in favour of the deceased's mother), she did not claim that her son (deceased-son) was a Shia Muslim; it was only after the impugned inheritance mutation was set aside, and the matter was remanded by the Collector for afresh decision that she, for the first time, took the stance that her son, belonged to Shia sect---Moreover, the mother was not a credible witness, as her deposition that her husband, father of deceased, was a Shia Muslim was belied by the inheritance mutation of her husband---Under the said mutation, the estate of her husband was divided amongst his legal heirs in accordance with the Hanfi Sunni law of inheritance, and not Shia law---Preponderance of evidence supported the assertion of the sisters, that their deceased brother was of Sunni sect, resultantly, the mother was unable to positively discharge the burden of proof that lay on her and rebut the initial presumption that the deceased belonged to Sunni sect---Appeal was allowed, and suit for declaration filed by the sister/plaintiff was decreed.

Other judgments reported in 2022 SCMR

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