Mst. NAWAB BIBI (DECEASED) vs HAKIM ALI Inheritance — 2024 CLC 895 LAHORE-HIGH-COURT-LAHORE

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Mst. NAWAB BIBI (DECEASED) VS HAKIM ALI Inheritance---Fraud---Effect---Fraud vitiates the most solemn transaction and in such like position, when question of inheritance is involved, limitation does not run---When foundational transaction is based on fraud and mala fide, the subsequent superstructure built thereon cannot be allowed to stand and ultimately collapses. Citation Name: 2024 CLC 895 LAHORE-HIGH-COURT-LAHORE Mst. NAWAB BIBI (DECEASED) VS HAKIM ALI Inheritance---Muslim sect---Presumption---Predecessor-in-interest of petitioners / plaintiffs was the only daughter of deceased owner of suit property, who claimed her father to be Shia by faith---Validity---Every Muslim in the sub-continent is presumed to belong to Sunni sect, unless 'good evidence' to the contrary is produced by the party contesting the same---Judicial determination of whether such presumption of faith of a party, positively stands rebutted, would be adjudged by the Court on the principle of preponderance of evidence produced by parties---No strict criteria can be set to determine faith of a person and therefore to pass any finding thereon---Courts are to consider surrounding circumstances i.e. way of life, parental faith and faith of other close relatives---Predecessor in interest of petitioners / plaintiffs failed to prove that deceased owner of suit property was professing Shia faith during his life time---Ultimate result would be that the deceased owner was Sunni by faith and the same was rightly determined and declared as such by the Courts below while passing judgments and decrees---Concurrent/coexisting possession of deceased predecessor-in-interest of petitioners/plaintiffs and after her demise, that of the petitioners/plaintiffs, her successors, would be considered---High Court declined to interfere in concurrent findings of facts by two Courts below as they had committed no illegality, irregularity and wrong exercise of jurisdiction, rather after evaluating evidence on record reached a just conclusion that defendants failed to prove their case through trustworthy and reliable evidence---Revision was dismissed, in circumstances.

Mst. NAWAB BIBI (DECEASED) vs HAKIM ALI Inheritance — 2024 CLC 895 LAHORE-HIGH-COURT-LAHORE

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