Mst. BIBI FATHUL BARI vs UBAID UR RAHMAN art — 2026 CLC 176 PESHAWAR-HIGH-COURT

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Mst. BIBI FATHUL BARI VS UBAID UR RAHMAN art.117---Burden of proof---One of possesses the document and claims entitlement on the basis of such document and benefits from it, will have to prove the said document and the burden would lie on that person. Inheritance---Limitation in inheritance disputes---Generally in matter involving inheritance dispute, limitation is not taken into consideration to make such issue crucial for the dismissal of a suit especially of women folks and other fragile persons in the society when an element of fraud is involved and those in which a pardanasheen lady applies for her share in her lifetime. art.100---Presumption as to thirty years old document---Relevance---Sanctity---Mere assertion of a party that a document being a thirty years old document cannot be accepted as gospel truth unless its contents are duly proved by the beneficiary in accordance with law, particularly when the same is denied by the opposite party. S.3(2)---Cases relating to succession of a Muslim---Muslim personal law---Applicability---Section 3(2) of the Act clearly indicated that notwithstanding any custom that was in force prior to the 1935 Act coming into force, whenever a question of succession upon the death of a Muslim arose in any Court, the Muslim Personal Law would be applicable with effect from the time of such death---Word 'whenever' contained in S.3(2) was significant; it meant that whenever a question relating to succession of a Muslim was raised in any Court, the Muslim Personal Law had to be applied with effect from the time when the death had taken place irrespective of the fact that at that time some custom was in force---In inheritance matters, even if the predecessor died before the enforcement of the Act ibid, it would still apply mutatis mutandis in accordance with Sharia principles. Gift---Burden of proof---Burden to prove a purported gift deed brought forward by the brothers in order to deprive sisters from the share in inheritance would lie on the person who produces it. Inheritance---Limitation in matters where woman is being deprived of requisite share in her late father's estate---Scope---If a woman is unaware of being deprived of her right during the lifetime of her predecessor-in-interest, there would not be a requirement to have filed a suit earlier---In such circumstances, the cause of action would arise only when her rightful share in the property of her predecessor-in-interest was denied.

Mst. BIBI FATHUL BARI vs UBAID UR RAHMAN art — 2026 CLC 176 PESHAWAR-HIGH-COURT

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