ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN Inheritance — 2022 YLR 2015 QUETTA-HIGH-COURT-BALOCHISTAN

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

ZAKIA BEGUM VS NASIR-UL-ISLAM KHAN Inheritance--- Will--- Appellants/ plaintiffs claimed to be owners in properties left by their parents and had assailed Will Deed and agreement relied upon by respondents/defendants who had already transferred some property to some other buyers---Suit filed by appellants/plaintiffs was dismissed by Trial Court---Validity---Properties in question initially belonged to predecessor-in-interest of parties and subsequently by means of Will were transferred in the names of respondents/ defendants in revenue record---Subsequent buyers after getting their satisfaction from revenue record bonafidely purchased the same---Subsequent buyers paid sale amount to respondents/defendants and revenue record was transferred to their names in accordance with law who had been enjoying their peaceful possession and business over property in their possession---High Court maintained findings of Trial Court to the extent of such transfer to subsequent buyers who were bona fide purchasers, whereas appellants/plaintiffs were entitled to receive their proportionate shares from sale amount as on the date of sale transaction---Bequest to an heir under Islamic Law was not valid unless other heirs consented to the same after the death of testator---Any single heir could consent as to bind his own share---High Court declared that appellants/plaintiffs were co-sharers of properties left by their deceased parents to the extent of their shares except the properties sold out to subsequent buyers but they were entitled to receive their shares from sale consideration amount as it was on sale date---High Court declared that Will Deed and agreement were null and void and directed to cancel revenue record entries, transactions and business carried out in pursuance to two documents---High Court set aside judgment and decree passed by Trial Court---Appeal was allowed accordingly.

ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN Inheritance — 2022 YLR 2015 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2022 YLR