Shakira Akbar vs Mst — 2026 YLR 931 QUETTA-HIGH-COURT-BALOCHISTAN

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Shakira Akbar VS Mst. Safia Kakar Ss.39 & 42---Limitation Act (IX of 1908), First Sched., Arts.142 & 144---Civil Procedure Code (V of 1908), S.96---Inheritance and partition, dispute over---Properties of deceased leaving heirs from two marriages---Estate already having been privately distributed/partitioned, plea of---Legality---Alleged gift mutation in favour of male heirs---Family settlement and arbitration---Legal effect upon rights of female heirs and subsequent suit for partition---Inheritance shares as per Sharia, determination of---Scope---Briefly, present appeal under S.96 C.P.C. challenged judgment and decree passed by Trial Court whereby the suit of respondents Nos.1-3 for declaration of Sharia inheritance shares, partition of properties of the deceased, mesne profits/rent and cancellation of adverse mutations was decreed; the suit was contested by predecessor of appellants; during trial an amendment was allowed---Core issue in the present matter "was whether, in view of the pleaded prior distribution/ settlement/ arbitration and the maintainability/ estoppel questions, the impugned judgment and decree declaring and enforcing inheritance shares and directing partition and monetary relief could lawfully be sustained?"---Held: During the arbitration agreement, award as well as another agreement, except three brothers and legal heirs of the deceased "AK" none of the other legal heirs of deceased "MA" had consented or were party to the said agreements, thus the said agreements had no binding effect upon the remaining legal heirs of deceased "MA" --- Present matter was one of a classic case where the brothers had joined hands, while making decisions on their own without the consent and participation of their sisters which had led their sisters in deprivation of their legitimate shares of inheritance --- Every individual heir in the cases of inheritance was considered to be in constructive possession of the legacy of their predecessor on behalf of all legal heirs --- No benefit could be derived by a person claiming proprietary rights based on fraudulent transactions and there could be no denial of their rights on the basis of Art.142 and 144 of the Limitation Act, 1908 --- Improportionate and unjust distributions of the estate of decease "MA" could not approved, more particularly, when the female heirs of the deceased were not party to the said partition and distribution of properties, thus it could not be endorsed and maintained --- It was directed that the entire estate of deceased "MA" was to be partitioned with possession amongst all the legal heirs of both the widows of the deceased as per Sharia--- Present appeal was dismissed, in circumstances.

Shakira Akbar vs Mst — 2026 YLR 931 QUETTA-HIGH-COURT-BALOCHISTAN

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