SAFINA vs JAWAHIR BEGUM Inheritance — 2025 CLC 577 QUETTA-HIGH-COURT-BALOCHISTAN

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SAFINA VS JAWAHIR BEGUM Inheritance---Share in the legacy of deceased brother who left behind a daughter and wife (petitioners)---Scope---Predecessor-in-interest of the respondents being the surviving legal heir of his deceased brother instituted the suit against the petitioners, who on the basis of a false and fabricated Sharai fatwa got mutated the properties left by the deceased in their names and further sold out a portion to third person (respondent No.6) by depriving respondents of their right of inheritance---Suit was dismissed by the Trial Court, however, the Appellate Court accepted the appeal of the respondents and decreed the suit---Contention of the petitioners was that they being legal and lawful heirs of deceased were the only ones entitled to the legacy of the deceased and predecessor of respondents being distant kindred was not entitled to legacy of his deceased brother---Validity---According to D.F. Mullah's principle of Mohammadan Law under Para-63, the wife and daughter (petitioners) were "sharers" and were entitled to "one-eighth share" and "one-half" of inheritance, respectively---Brother of the deceased i.e. predecessor of respondents came within the category of residuaries, which was in Para-65 of D.F. Mullah's principle of Mohammadan Law---After payment of the deceased's funeral expenses, and debt (if any), the petitioners being widow and daughter of the deceased were sharers and were entitled as per their respective shares, while predecessor of respondents being brother came within the category of residuaries, thus was entitled to a share in the legacy of his deceased brother---Petitioners had sold out a piece of land from the rest of the property through a sale deed in favour of another respondent, which was also not disputed by the parties---As the share of predecessor of respondents would not be affected, thus, the Appellate Court's findings to the extent of cancellation of registered sale deed were held to be legally incorrect, however, the findings of the Appellate Court to the extent of determination of shares of the parties were held to be correct---Civil revision was dismissed, in circumstances.

SAFINA vs JAWAHIR BEGUM Inheritance — 2025 CLC 577 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2025 CLC