Mst. Kaneez Fatima vs Ghulam Husain Ss — 2025 YLR 302 LAHORE-HIGH-COURT-LAHORE

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Mst. Kaneez Fatima VS Ghulam Husain Ss. 42 & 54---Islamic law---Suit for declaration---Will---Absence of consent of legal heirs---Effect---Concurrent findings of facts by two Courts below---Respondent / plaintiff claimed to be owner of suit property on the basis of registered will---Suit and appeal were decided in favour of respondent / plaintiff by Trial Court and Lower Appellate Court respectively---Validity---Testator can bequest his entire property to a non-heir through a will in the following cases i.e. where subject to the provision of any law for the time being in force, such excess is permitted by a valid custom; where there are no heirs of the testator; where the heirs existing at the time of the testator's death consent to such bequest after his death, and where the only heir is husband or wife and bequest of such excess does not effect his or her share---Consent given by heirs may be express or implied, it may be oral or in writing and it can also be implied from conduct---Where testator makes a bequest and on his death, other heirs help legatee in affecting a mutation in name or allow the legatee to take exclusive possession of property, it is proof of the heir's consent---There was no illegality, irregularity and mis-reading or non-reading of evidence on the part of two Courts below while passing judgments and decrees---Both the courts below while passing judgments and decrees considered every piece of evidence, oral as well as documentary, produced before them and nothing from the record was shown to have been overlooked by them from their judicious consideration---High Court in exercise of revisional jurisdiction declined to interfere in judgments and decree passed by two Courts below as their findings on question of facts and law were based upon proper appreciation of oral as well as documentary evidence produced in the suit and were not liable to be reviewed or substituted by the Court---Revision was dismissed, in circumstances.

Mst. Kaneez Fatima vs Ghulam Husain Ss — 2025 YLR 302 LAHORE-HIGH-COURT-LAHORE

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