BAHADUR GOLO vs QAIMUDDIN GOLO Will — 2026 CLC 557 KARACHI-HIGH-COURT-SINDH

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BAHADUR GOLO VS QAIMUDDIN GOLO Will---Nature and scope---Will, according to various schools of thought, is indeed a recognized instrument through which aperson expresses his intention regarding the disposition of his property, however, such intention and disposition are not absolute in nature but are subject to certain legal limitations prescribed by the law, therefore, while interpreting or relying upon a will deed, it must be examined strictly within the framework of the legal and religious parameters governing testamentary disposition. Citation Name: 2026 CLC 557 KARACHI-HIGH-COURT-SINDHBookmark this Case BAHADUR GOLO VS QAIMUDDIN GOLO Ss.42, 8, 54 & 39---Suit for declaration, possession, mesne profit, permanent injunction, cancellation of document and partition---Islamic law---Will deed---Legality---Respondents/plaintiffs claimed their share in the ownership/inheritance of their ancestor---Applicants/defendants took a plea the a will deed had been executed in favour of their father qua the whole inherited property---Trial decreed the suit while cancelling the will deed and referring the matter to revenue hierarchy for partition---Appellate court upheld the findings of the trial court---Validity---Muslim may validly bequeath only up to one-third of his estate, and such bequest in favour of a legal heir shall not take effect without the consent of the remaining heirs after the death of the testator---Right to execute a will cannot be exercised to the detriment or exclusion of other legal heirs, as such a disposition would directly infringe upon their vested rights of inheritance---Co-owner or co-sharer cannot alienate or transfer more than his own entitlement in a joint property---Other legal heirs neither assented to the will nor accepted its validity, thus, the estate of the deceased was rightly ordered by the courts below to devolve upon all heirs under the principles of inheritance, rendering the alleged will deed ineffective in law beyond one-third of the property---Trial court had already referred the matter to revenue authorities for effecting partition of the property in accordance with law, thus, once the jurisdiction of the revenue hierarchy had already been invoked through the judgment of the Trial Court, there remained no necessity for High Court to render any further findings on the question of jurisdiction or partition---Civil revision was dismissed, in circumstances.

BAHADUR GOLO vs QAIMUDDIN GOLO Will — 2026 CLC 557 KARACHI-HIGH-COURT-SINDH

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