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ATTA-UR-REHMAN vs Mst — 2024 CLC 1705 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 1705 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
ATTA-UR-REHMAN vs Mst
Subject matter
Civil
Provisions referred to
S. 25---S

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

ATTA-UR-REHMAN VS Mst. GHULAM BIBI S.25---Specific Relief act (I of 1877), Ss. 39, 42 & 54---Release/Relinquishment deed, authenticity of---Fraud and misrepresentation by brothers to deprive their sister (Pardanashin lady) from her share in legacy---Private settlement of dispute qua partition of inherited land in a Jirga---Participation of brother and husband of respondent (sister) without any permission or authority of respondent---Effect---Execution of deed by husband of respondent without her authorization for relinquishment of her share in the remaining legacy---Effect---Inheritance is a compulsory right---No one has right to refuse from being an inheritor of his/her immediate ancestor---Due to cultural practices women and in some situations vulnerable poor amongst familial relations, are compelled on one pretext or another to relinquish their due Shari shares, or a portion thereof, when inheritance of a propositus opens for distribution---In the present case alleged Takharuj/relinquishment was not reduced into writing and even in its oral form it had not been proved---Petitioner failed to produce even a shred of evidence that proper partition had taken place amongst all the legal heirs and that the respondent had demonstrably exercised her choice to relinquish her remaining share in the legacy---Revision petition was dismissed and the judgment of the appellate Court was upheld accordingly.

Other judgments reported in 2024 CLC

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