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MAJEED AHMAD MUBARAK vs SALEEM AHMAD TAHIR Ss — 2022 YLRN 195 ISLAMABAD

Case information

Citation
2022 YLRN 195 ISLAMABAD
Court
Islamabad High Court
Year
2022
Parties
MAJEED AHMAD MUBARAK vs SALEEM AHMAD TAHIR Ss
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

MAJEED AHMAD MUBARAK VS SALEEM AHMAD TAHIR Ss. 42 & 54---Suit for declaration and injunction---Ahmadiyya Personal Law---Issueless owner---Inheritance and will---Nominee before financial institution---Rights and entitlements---Parties belonged to Ahmadiyya religion and had dispute over entitlement of shares in properties left by issueless deceased lady---Held, that in Ahmadiyya religion testator could not bequeath more than 1/3 of his/her wealth/belongings except with the consent of other legal heirs---Nominee had no independent right of inheritance of estate/assets in which he/she was nominated as nominee---Any nominee by deceased while alive could not prevail over the rights of legal heirs over the property left behind by deceased---Nomination by itself did not operate as gift or will---Nominee acted only as a trustee who could not become owner of property in the event of death of original owner---Mandate of nominee was to look after property and distribute the same amongst legal heirs of deceased--- Thus, the rules enforced under National Savings schemes whereby nominee was given rights to receive amount of investment, the property in the event of death of purchaser/original owner could not override law of inheritance which was substantive law that had given right to inherit tarka of deceased to legal heir---High Court maintained findings of Trial Court regarding status of nominee who could not deprive legal heirs from their share in the property of deceased on the basis of nomination---High Court under personal law of Ahmadiyya religion amended judgment and decree passed by Trial Court and excluded sons of sister and brother of deceased owner from inheritance and step brothers and sisters were declared as legal heirs of deceased---Appeal was disposed of accordingly.

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