SHAHRAY KHAN (DECEASED) vs QADIR BAKHSH (DECEASED) S — 2023 SCMR 201 SUPREME-COURT

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SHAHRAY KHAN (DECEASED) VS QADIR BAKHSH (DECEASED) S. 3---Female limited owner of immovable property having no right to further alienate the same---Female owner (widow) despite being not competent to transfer the property, transferred the same in favour of her relatives on the pretext that her deceased husband died without settling a loan payable by him, which was ultimately paid by her relatives and in lieu of the said discharging of liability, she was compelled to make transfer of the suit property in their name---Legality---Statements of the alleged collateral/reversioner and the widow did not contain the amount of loan extended to the deceased husband and the part paid by each of the relatives to discharge the liability---Even otherwise, a bare reading of the statements of both the alleged collateral/reversioner and the widow showed that this very ground had been expressed in generalize manner without specifying any particulars of the said transaction---Even the widow could not disclose exact amount of the loan and the amount, which was considered for selling out the portion of the landed property---Widow being limited owner of the suit property was not competent to transfer the portion of the landed property to her relatives---Such aspect of the case was adjudicated by each forum and was discarded, hence, there were concurrent findings recorded by each court regarding this aspect of the matter---Courts below had rightly held that under the law (after promulgation of Muslim Personal Law (Shariat) Application Act, 1962, the widow, mother, and two sisters of the deceased excluded any other heir from inheritance and they were entitled to the decree of inheritance according to their share of inheritance---Petition for leave to appeal was dismissed and leave was refused.

SHAHRAY KHAN (DECEASED) vs QADIR BAKHSH (DECEASED) S — 2023 SCMR 201 SUPREME-COURT

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