NAWAB BAHI KHAN GICHKI vs BIBI KALSOOM S — 2026 MLD 807 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 MLD 807 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: MLD
Parties: NAWAB BAHI KHAN GICHKI vs BIBI KALSOOM S
Subject matter: Family
Provisions referred to: S. 4---S; S. 278---S; Succession Act (XXXIX of 1925); Muslim Family Laws Ordinance

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

NAWAB BAHI KHAN GICHKI VS BIBI KALSOOM S.4---Succession Act (XXXIX of 1925), S.278---Succession---Pre-deceased brother's children---Entitlement---Scope---Letter of Administration was granted in favour of respondents, whereas claim of children of pre-deceased brother was declined---Validity---Section 4 of Muslim Family Laws Ordinance, 1961 was not applicable to children of pre-deceased brother as it specifically provides per stripes succession only to children of deceased son or daughter of propositus---Inheritance among Muslims is governed strictly by principles of Mohammadan Law and entitlement of heirs is determined according to recognized categories of sharers, residuaries and distant kindred---In present case deceased was survived by brothers and sisters along with children of pre-deceased brother---Under Mohammadan Law, full sister was entitled as sharer while brother's son falls within residuaries, however children of pre-deceased sister were included among distant kindred---Distant kindred inherit only when there are no sharers or residuaries---Since deceased was survived by siblings, nothing remained for distribution among legal heirs of pre-deceased brothers and sisters---Courts below rightly declined claim of petitioners---Revision was dismissed, in circumstances.

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