PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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
Criminal

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 nheritance---Takharuj, concept of---Meanings---Literal meaning of takharuj is to exclude; to abort---Given the obligatory nature of the right of inheritance which carves out no room for refusal, inheritors may distribute their respective shares in an amicable manner---In the process, an inheritor may agree to take a specific portion or kind of the inherited property and give a part or other kind to other inheritors---Having stepped down, such an inheritor stands excluded---This is called takharuj---In this perspective, the exclusion amounts to compromise (sulh) and takharuj becomes tasaluh.---In Islamic Law of inheritance, takharuj could be understood as tasaluh (sulh or compromise on something)---Takharuj as tasaluh comes into play in a situation where one of the legal heirs of a propositus voluntarily agrees on something specific from the pool of the inherited property and does not press for his/her whole share---Takharuj assumes the status of a gift in two ways---Firstly, the property from which one inheritor will stand excluded will be that of a gift of his/her remaining property to other inheritors---Takhuruj has to take place at the time of distribution by means of partition of the entire legacy, so that each inheritor is able to get possession of his/her due share first---Gift of an undivided property (musha'a) is not valid as delivery of possession is one of its essential elements.

Other judgments reported in 2024 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English