Citation Name: 2023 CLC 1468 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NASIR vs Mst

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Citation Name: 2023 CLC 1468 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NASIR VS Mst. TAJ MINA S.42---Suit for declaration---Claim of inheritance---Plaintiffs filed suits for a declaration, claiming their entitlement to the Shari share in the legacy of their respective fathers---Contention of the defendant was that the plaintiffs' share in the legacy had been given by way of a cash amount and gold ornaments at the time of their respective marriages---Trial Court and Appellate Court concurrently decreed the suit---Validity---Defendant failed to establish his plea of disinheritance, as he only made bald assertions---Moreover, the defendant did not provide any iota of evidence to support his case---It remained a mystery as to how much cash amount and how much gold was handed over to the plaintiffs by their predecessor-in-interest---Additionally, there was no record or witnesses to establish that the cash amount and gold ornaments were handed over to the plaintiffs as their share in the legacy---Therefore, the defendant's plea could not be entertained---Two courts below, based on the available evidence, recorded their findings of facts and law, which the High Court found to be perfectly in accordance with evidence. Citation Name: 2023 CLC 1468 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NASIR VS Mst. TAJ MINA Claim of inheritance---Scope---In cases of inheritance, the plaintiff seeking a share in the legacy of his predecessor must prove two facts---Firstly, he needs to establish his relationship with the common predecessor of the parties---Secondly, he must demonstrate that the suit property is indeed the legacy of their common predecessor---On the other hand, if the defendant concedes to the relationship and legacy without raising any independent or exclusive plea, then the Court is required to pass a decree in favor of the plaintiff immediately---However, if the defendant puts forth a specific plea claiming disinheritance based on a particular argument, then the defendant is obligated to provide positive, convincing, and trustworthy evidence to support his claim and exclude the plaintiff from the inheritance---Moreover, any legal heir who claims disinheritance on the basis of any mode of transaction or any other plea, then he is under heavy burden to prove the same as the plea of disinheritance goes squarely against the law of the land as well as the command of Allah Almighty---Therefore, the law places a weighty responsibility on such individuals to substantiate their claim. Citation Name: 2023 CLC 1468 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NASIR VS Mst. TAJ MINA Claim of inheritance---Scope---Moment a Muslim dies, his legacy devolves to all his legal heirs as per their respective prescribed shares and if any person disputes or controverts these prescribed shares, then a heavy burden of proof lies on him to prove those exceptional circumstances through a reliable, confidence inspiring and legally admissible evidence.

Citation Name: 2023 CLC 1468 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NASIR vs Mst — 2023 CLC 1468 PESHAWAR-HIGH-COURT

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