1108/2014 Suit Syed Shabir-ul-Hassan Khusroo. (Plaintiff) V/S Asad Mustafa & Others. (Defendant)

1108/2014 Suit Syed Shabir-ul-Hassan Khusroo. (Plaintiff) V/S Asad Mustafa & Others. (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 16-OCT-14

a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S.4---Civil Procedure Code (V of 1908), O.VII, R.11---Succession---Son of predeceased sister of deceased---Inheritance, right of---Scope---Categories of legal heirs---Plaint, rejection of---Provisions of S. 4 of Muslim Family Laws Ordinance, 1961 were applicable to a specific category of class of legal heirs i. e. sons and daughters of deceased which could not be applied to the son of predeceased sister of deceased---Sons and daughters of predeceased sister would come in the third category of legal heirs i.e. distant kindred---Shares out of assets at first were to be consumed by the sharers and left over to be consumed by the residuaries and if there were no residuaries then same had to revert back to the sharers---If sharers and residuaries were available then distant kindred were not entitled to share under Islamic Law---Both the sharers and residuaries were available in the present case and there was no question of inheritance by distant kindred---Plaintiff being in the third category of legal heirs was not entitled to inherit share from the assets left by the deceased in presence of sharers and residuaries---Plaint could not be rejected in piecemeal---Application for rejection of plaint was dismissed in circumstances. (b) Islamic law--- ----Inheritance---Categories of legal heirs---Categories of legal heirs were sharer, residuaries and distant kindred.