Mst. KHAN BIBI (widow) vs BIBI RAHIMA S — 2023 PLD 40 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 40 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: Mst. KHAN BIBI (widow) vs BIBI RAHIMA S
Subject matter: Civil
Provisions referred to: S. 6---S; S. 6

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

Mst. KHAN BIBI (widow) VS BIBI RAHIMA S. 6---Specific Relief act (I of 1877), Ss. 42, 8 & 54---Suit for declaration, correction of mutation entries, partition, possession and permanent injunction---What may be transferred---Scope---Plaintiff filed a suit for seeking her share in the legacy of the predecessor---Claim of plaintiff was that the names of female legal representatives were not inserted in the revenue record---Defendants contested the suit on the ground that the share of female legal representatives was given by the predecessor in the shape of cash and jewelleries---Validity---Defendants could not prove that the daughters of predecessor had received their share in his life time---anything given by a father to his daughter in his life, at the most could be considered as a gift because the right in the legacy of a deceased accrued at his death---Expected share of a presumptive legal heir, given by a predecessor in his life, did not deprive the legal heir from getting share in the legacy in view of doctrine embodied in Para. 54 of the Muhammadan Law and S. 6(a) of the Transfer of Property act, 1882---Impugned judgment was well reasoned, therefore, the same did not warrant interference by the High Court---appeal was dismissed.

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