SHAH JAHAN vs Mst — 2025 CLC 992 PESHAWAR-HIGH-COURT

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SHAH JAHAN VS Mst. HASEENA BIBI Inheritance---Shia law---Principles---Shia Law of inheritance divides heirs into two groups, namely, (1) heirs by consanguinity, that is, blood relation, and (2) heirs by marriage, that is, husband and wife---Heirs by consanguinity are divided into three classes and each class is sub-divided into two sections---Para 88 of Chapter 8 of the principles of Muhammadan Law provided three classes of heirs; Citation Name: 2025 CLC 992 PESHAWAR-HIGH-COURTBookmark this Case SHAH JAHAN VS Mst. HASEENA BIBI Will---Proof---Follower of 'Shia' sect---Relevant revenue record exhibited by one of the witnesses of plaintiff /respondent revealed that the deceased (father of respondent/lady-plaintiff) was the owner of the property-in-question---Respondent/plaintiff not only produced/exhibited the will-deed but also produced the scribe and marginal witnesses of the same (will-deed) as her witnesses---In said will-deed the deceased disclosed that he was follower of Shia sect and directed to conduct his funeral ceremony according to Shia sect and to burry him in a shia graveyard; he further directed that the respondent/plaintiff is his sole legal heir and his legacy will be devolved according to Shia sect---Petitioners/defendants were not able to shatter the evidence qua writing of the will-deed---As many as six witnesses produced by the respondent/plaintiff, including one who led the funeral prayer of deceased, remained consistent to the effect that the deceased was follower of Shia sect till his death---Respondent/plaintiff had proved on record that her father was follower of Shia sect and he validly scribed the will-deed---No mis-reading, non-reading or unlawful exercise of jurisdiction could be pointed out and both the Courts below had passed the impugned judgments/decrees after proper appreciation of the record/evidence, thereof the concurrent finding could be interfered with---Revision petition, being meritless, was dismissed in limine, in circumstances.

SHAH JAHAN vs Mst — 2025 CLC 992 PESHAWAR-HIGH-COURT

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