MUHAMMAD RIAZ vs ARSHAD ALI S — 2026 CLC 905 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 905 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: MUHAMMAD RIAZ vs ARSHAD ALI S
Subject matter: Civil
Provisions referred to: S. 42---C; S. 115; Civil Procedure Code (V of 1908)

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

MUHAMMAD RIAZ VS ARSHAD ALI S. 42---Civil Procedure Code (V of 1908), S. 115, O.VII, R. 11 & O.VIII, R.1---Islamic law---Suit for declaration---Will dissented to by the legal heirs---Legality---Will was disputed by one son and three daughters/deprived heirs---Petitioner instituted a suit for declaration during execution proceedings in a suit for partition, in which application under O.VII R.11, C.P.C., was filed by the deprived heirs for rejection of suits---Admission of claim of petitioner by defendants (other bequeathed legal heirs) was made by filing conceding written statement---Trial Court accepted the said application and the said decision was upheld by the appellate Court---Validity---Bequest to an heir under Islamic law is not valid unless it is consented to by the other heirs specifically after the death of testator---Muslim testator enjoys the power to bequeath his property to the extent of 1/3rd share of his estate in favour of any other person or in favour of any one or more of the legal heirs, but such bequeath shall only be valid and enforceable if the same is assented to by other legal heirs after the death of the testator---Conceding written statements filed by the other bequeathed respondents only bounded them to the extent of their share---Where concurrent findings of both the courts below on a question of law are based on proper appreciation of material available on the record and do not suffer from any illegality or material irregularity affecting the merits of the case, the same cannot be taken to any exception at revisional stage---Civil revisions were dismissed, in circumstances.

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