Sahibzada Ayub Khan Abbassi vs Government of Pakistan, States and Frontier Region Division Islamabad S

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Sahibzada Ayub Khan Abbassi VS Government of Pakistan, States and Frontier Region Division Islamabad S.3---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), Ss.3 & 5---Petitioners seeking inheritance rights as collateral successors of former Nawabs---Determination of entitlement---Federal government as competent authority to decide succession and distribution of property of former Acceding States, jurisdiction of---Jurisdiction of civil court to decide question of legal heirship, inheritance and succession---Exception---Brief facts were that the petitioners sought inheritance rights in the property left by the late Nawabs, not as direct legal heirs of late Nawab but as his collateral successors through previous Nawabs, thereby challenging order dated passed by the government---Following the promulgation of The Acceding State (Property) Order, 1961, the federal government became the competent authority to adjudicate questions of succession or distribution of property belonging to former Princely States---The federal government, acting under these provisions, examined the matter and rejected the petitioners' claim---The background showed that the late Nawab, acceded to Pakistan in 1947 and a subsequent merger agreement in 1954 entitled him and his family to certain properties and allowances---Held: Collaterals or persons claiming to be legal heirs under S.3 of the 1961 Order had a right to approach the Federal Government for determination of their entitlement in accordance with Muslim Personal Law---Moreover, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 was to apply in all questions regarding succession where the parties were Muslims---There could be no legal impediment to the petitioners asserting their rights of inheritance under Muslim Personal law before the Government of Pakistan---In the present case, impugned order passed by the Federal Government failed to adjudicate upon the principal question of the eligibility or entitlement of the petitioners as legal heirs---Petitioners had claimed such entitlement based on their collateral relationship with the late Nawab, and in this regards, they were obligated to establish their genealogical linkage through a properly drawn pedigree chart and supporting evidence---Further, intricate questions regarding legal heirship, inheritance, and succession were ordinarily to be adjudicated by civil court under S.9 of the C.P.C by way of a suit for declaration---Federal Government was bound to ensure proper adjudication of claims, while considering the Islamic law of inheritance and its applicability---Impugned order did not refer to any evaluation of determination nor did it conclusively establish that the petitioners were excluded from inheritance---In the absence of such findings no final adjudication could be made---Impugned order was set aside and matter was remanded to the federal government with the direction to proceed in accordance with law---Constitutional petition was allowed, in circumstances.

Sahibzada Ayub Khan Abbassi vs Government of Pakistan, States and Frontier Region Division Islamabad S — 2026 MLD 485 ISLAMABAD

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