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Sahib Bibi vs Khushi Muhammad (deceased) Ss — 2025 MLD 1246 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 MLD 1246 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
MLD
Parties
Sahib Bibi vs Khushi Muhammad (deceased) Ss

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

Sahib Bibi VS Khushi Muhammad (deceased) Ss. 27 & 42---Mutation of inheritance---Legal proceedings before the Revenue Officer---Nature and scope---Resolution of dispute concerning sect of deceased solely on the basis of oral testimonies---Effect---Proper procedure---Proceedings before the Revenue Officer are "summary" in nature, which do not absolve the officer from ensuring that the proper procedure is followed when faced with a legal dispute---Sanctioning an inheritance mutation based solely on oral testimonies, especially when there is a clear sectarian dispute, is problematic---Such matter requires a determination of fact that goes beyond simple administrative duties, as it involves significant implications for the rights of the heirs and the lawful distribution of the deceased's estate---In cases where the sect of the deceased is in dispute, the appropriate course of action would be for the Revenue Officer to refer the matter to a court of competent jurisdiction and such referral would ensure that the dispute is adjudicated by a judicial authority with the expertise and authority to examine the evidence, including testimonies, documents, and make a determination regarding the deceased's sect.

Other judgments reported in 2025 MLD

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