Succession & Inheritance
221 judgments — showing 1-100
Technicalities
1 Courts in cases of inheritances should make efforts to ensure that no legal heir is denied his legal share on technical ground. NLR 1997 Civ. 276. 2 No one should be excluded from inheritance on technicalities. 1999 YL…
Relinquishment of share
1. Plaintiff relinquished share from his father property when father was alive, estopped to claim share. 1989 CLC 2028; see PLD 1989 Lah. 372. 2. Surrendered deed for share of inheritance in the life time of father of no…
Depriving the daughters in their inheritance share
PLJ 2023 Lahore (Note) 108 Present : Ch. Muhammad Iqbal , J. Mst. RASOOLAN BIBI--Petitioner versus PROVINCE OF PUNJAB through District Collector--Respondents C.R. No. 24767 of 2017, heard on 12.4.2023. Specific Relief Ac…
Judgment on Punjab Partition of Immovable Property Act 2012
PLJ 2023 Karachi 124 (DB) Present: Irfan Saadat Khan, and Zulfiqar Ahmed Khan , JJ. SEHRISH HANIF and others --Appellants versus MUHAMMAD AZIZ and others--Respondents HCA No. 58 of 2023, decided on 21.8.2023. Civil Proce…
Change/ Conversion into Shia sect
No evidence about time, venue and person in whose presence the deceased changed faith. Only reason that funeral ceremony was performed according to Shia faith not sufficient to deprive poor blind widow from inheritance.…
Exclusion from inheritance
1. To exclude legal heirs from inheritance, strong evidence is required plaintiff to prove his case stands on his own legs and not weakness from adversary and must have special knowledge about defendant’s relationship wi…
Proof/ special knowledge of relationship
1. Evidence produced by plaintiff in support proof of collater was deficient, plaintiff not examined any person having special knowledge of relationship with the deceased not given, not proved. 2002 SCMR 1355. 2. No coge…
Ingredients of valid gift according to Muhammadan Law
PLJ 2015 Lahore 1159 [ Multan Bench, Multan ] Present : Ali Akbar Qureshi , J. MUHAMMAD IMRAN and 4 others--Petitioners versus MUHAMMAD AFZAL and 2 others--Respondents C.R. No. 239-D of 2015, heard on 12.3.2015. Civil Pr…
EMIGRATION RULES, 1979
Islamabad, the 26th May 1979 SRO 453(1)/79. - In exercise of the powers conferred by section 16 of the Emigration Ordinance, 1979 (XVIII of 1979, the Federal Government is pleased to make the following rules, namely: - 1…
Legal Proceedings in case of mentally disordered person
PLJ 2014 Lahore 189 [ Multan Bench Multan ] Present: Ibad-ur-Rehman Lodhi , J. Mst . SHAGUFTA PARVEEN--Appellant versus QAISER IJAZ & 2 others--Respondents F.A.O. No. 172 of 2013, decided on 4.10.2013. Mental Health Ordi…
No person can have favorite portion in joint property without consent of others
PLJ 2014 Peshawar 246 Present: Ikramullah Khan, J. SALEEM KHAN and 8 others --Petitioners versus QAYYUM KHAN and 34 others --Respondents C.R. No. 375-P of 2013, decided on 21.6.2013. Civil Procedure Code, 1908 (V of 1908…
One Co-Sharer cannot deprive others to inherit
PLJ 2014 SC 124 [Appellate Jurisdiction] Present: Nasir-Ul-Mulk , Mian Saqib Nisar & Iqbal Hameedur Rahman , JJ. SAHIB JAN and others--Appellants versus Mst . AYESHA BIBI through L.Rs etc.--Respondents Civil Appeals No.…
Oral Sale Transaction Judgment
PLJ 2014 Lahore 38 Present: Nasir Saeed Sheikh, J. MUHAMMAD ASGHAR--Petitioner versus MUHAMMAD AMIN and 11 others--Respondents C.R. No. 386 of 2003, heard on 25.9.2013. Civil Procedure Code, 1908 (V of 1908)-- ----O. XLI…
Production of Additional Evidence to reach a conclusion
PLJ 2013 Lahore 671 Present: Mehmood Maqbool Bajwa , J. RAO NISAR AHMAD and 2 others--Petitioners versus MUHAMMAD SAEED RANA and 5 others--Respondents C.R. No. 690 of 2012, decided on 4.6.2013. Civil Procedure Code, 1908…
Wrong transfer of Shares in Property
PLJ 2013 Peshawar 272 Present: Abdul Latif Khan, J. MUSLIM SHAH and others--Petitioners versus Mst . RABIA BIBI and others--Respondents C.R. No. 107 of 2012, decided on 3.5.2013. Muhammadan Law-- ----Shari shares in lega…
Report of Handwriting Expert is an opinion
PLJ 2013 Lahore 494 [ Multan Bench Multan ] Present: Amin - ud -Din Khan, J. MANZOOR HUSSAIN, etc.--Respondents versus SHAH NAWAZ, etc.--Respondents C.R. No. 1156-D of 2010, heard on 25.4.2013. Civil Procedure Code, 1908…
Judgement of Agreement by Supreme Court
Citation Name : 2011 PLD 241 SUPREME-COURT Side Appellant : Hafiz TASSADUQ HUSSAIN Side Opponent : MUHAMMAD DIN through Legal Heirs Arts. 17, 72 & 79—-Constitution of Pakistan, Art.185(3)– -Leave to Appeal was granted b…
Suit for declaration application for removing parties dismissed
Citation Name : 2010 SCMR 1210 SUPREME-COURT Side Appellant : BASHARAT ALI Side Opponent : MUHAMMAD ANWAR S. 42—Civil Procedure Code (V of 1908), S.115, 151, O.I, R, 10 & O.XLI, Rr.4, 20, 33—Constitution of Pakistan (1…
Hindu Inheritance Act Amendid
ACT XI OF 2012 HINDU INHERITANCE (REMOVAL OF DISABILITIES) (AMENDMENT) ACT, 2012 An Act, further to amend the Hindu Inheritance (Removal of Disabilities) Act, 1928 [Gazette of Punjab, Extraordinary, 11th February 2012] N…
Talb-e-muwasibat holds great importance in the suit for pre-emption
PLJ 2012 Lahore 405 Present: Nasir Saeed Sheikh, J. SARDAR MUHAMMAD through his Legal Heirs and others--Petitioner versus MUHAMMAD AMIN and 3 others--Respondents C.R. No. 2504 of 2004, decided on 20.12.2011. Superior Rig…
An illegitimate child cannot inherit from father
Citation Name : 2011 PLD 78 PESHAWAR-HIGH-COURT-NWFP Side Appellant : Maj. (Retd,) ABDUL AKBAR Side Opponent : Mst. MARYAM KHUSHBOO Inheritance---Acknowledgment, principle of---Applicability--where paternity of a child t…
Is brother entitled for Inheritance?
Citation Name : 2011 PLD 78 PESHAWAR-HIGH-COURT-NWFP Side Appellant : Maj. (Retd,) ABDUL AKBAR Side Opponent : Mst. MARYAM KHUSHBOO Inheritance---Principle---Plaintiffs sought distribution of assets left by predecessor-i…
Order for Succession is Appealable
Order passed by a civil judge for the grant of succession certificate is appealable to the district court. This fact is expressed in Lahore High Court's below mentioned judgment. Citation Name : 2000 CLC 585 LAHOR…
Who can be petitioner in a succession case?
Status of petitioner in a case for succession certificate.. 1991 CLC 288 LAHORE-HIGH-COURT-LAHORE Side Appellant : HAMIDA BEGUM Side Opponent : NAZIR BANO ----O.XLI, R.23--- succession Act (XXXIX of 1925), S.370---…
Judgment on Inheritance of Consanguine Sisters
PLJ 2012 AJ&K 167 Present: M. Tabassum Aftab Alvi , J. KHALIDA BEGUM and another--Appellants versus MUHAMMAD RASHID KHAN & 5 others--Respondents C.A. No. 97 of 2009, decided on 14.07.2012. Pleadings-- ----It is settled p…
Shia widow cannot inherit husband's property
PLJ 2011 Lahore 585 [Multan Bench Multan] Present: Muhammad Khalid Mehmood Khan, J. MUHAMMAD HUSSAIN and 2 others--Petitioners versus GHULAM QADIR and 9 others--Respondents C.R. No. 218 of 1994, heard on 29.11.2010. Shia…
Court can declare a document null and void
PLJ 2011 SC 889 [Appellate Jurisdiction] Present: Tassaduq Hussain Jillani, Mahmood Akhtar Shahid Siddiqui & Khilji Arif Hussain, JJ. ABDUL REHMAN and others--Appellants versus GHULAM MUHAMMAD (deceased) through L.Rs, et…
International Lawyer Law Firm
PLJ 2011 Karachi 88 Present: Irfan Saadat Khan, J. MUHAMMAD ZAFAR SIDDIQUI and 2 others--Plaintiffs versus MUHAMMAD QAMAR SIDDIQUI and another--Defendants Suit No. 1600 of 2009, decided on 12.10.2010. Civil Procedure Cod…
Issueless widow cannot inherit movable property in Shia Law
PLJ 2011 Lahore 585 [ Multan Bench Multan ] Present: Muhammad Khalid Mehmood Khan, J. MUHAMMAD HUSSAIN and 2 others--Petitioners versus GHULAM QADIR and 9 others--Respondents C.R. No. 218 of 1994, heard on 29.11.2010. Sh…
Supreme Court's Judgment on Forged Documents
PLJ 2011 SC 889 [Appellate Jurisdiction] Present: Tassaduq Hussain Jillani , Mahmood Akhtar Shahid Siddiqui & Khilji Arif Hussain , JJ. ABDUL REHMAN and others--Appellants versus GHULAM MUHAMMAD (deceased) through L.Rs,…
Suit for Correction of Parentage in Revenue Record
PLJ 2011 Peshawar 257 [D.I. Khan Bench] Present: Syed Sajjad Hassan Shah, J. ABDUL LATIF--Appellant/Defendant versus ABDUL HAMEED & others--Respondents/Plaintiff C.R. No. 25 of 2006, decided on 20.5.2011. Civil Procedure…
In a benami transaction the property is not owned by title holder
PLJ 2010 Lahore 214 (DB) Present: Mian Saqib Nisar & Hafiz Tariq Nasim, JJ. Dr. ZIA-UR-RAHMAN KHAN and another--Appellants versus Dr. ATIQ-UR-RAHMAN--Respondent R.F.A. No. 469 of 2006, decided on 22.6.2009. Pleadings-- -…
Procedure of power of attorney to be attested by overseas Pakistani
PLJ 2010 Lahore 245 Present: Syed Asghar Haider, J. ABDUL SATTAR and another--Appellants versus MUHAMMAD IQBAL--Respondent RSA No. 4 of 2008, decided on 30.1.2009. Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 100 & 1…
Right of Daughter usurped in mutation challenged
PLJ 2010 Lahore 346 (DB) [ Bahawalpur Bench Bahawalpur ] Present: Abdul Shakoor Paracha & Abdul Sattar Goraya, JJ. Mst. ZAINAB (deceased) through L.Rs.--Petitioners versus Mst. KUNDAN KHATOON and 5 others--Respondents Ci…
Every muslim is sunni unless proved contrary
PLJ 2009 Lahore 958 [Rawalpindi Bench Rawalpindi] Present: Maulvi Anwar-ul-Haq, J. Mst. SARWAR NOOR--Petitioner versus ALI HAIDER and another--Respondents C.R. No. 517 of 2004, heard on 15.12.2004. Presumption as to Sect…
Validity of Gift under the law
PLJ 2009 Karachi 222 Present: Zafar Ahmed Khan Sherwani, J. Syed ABDULLAH ABIDI--Plaintiff versus Mst. HAJRA ABIDI and another--Defendants Suit No. 1058 of 2005, decided on 3.3.2009. Transfer of Property Act, 1882 (IV of…
Childless widow is entitled for share in movable property
PLJ 2008 Lahore 696 Present: Syed Asghar Haider, J. NAZAR MUHAMMAD--Petitioner versus AYESHA BIBI (WIDOW) and 3 others--Respondents Civil Revision No. 418 of 2007, decided on 15.1.2008. Muhammadan Law-- ----Inheritance--…
Inheritance of females
1. Inheritance of females should be enforced as required by Islam. NLR 1990 SCJ 841; 2007 SCJ 227; 2008 SCMR 343. Common practice to deprive females. 2006 YLR 1254; 2008 SCMR 343. Daughter not to be deprived of inheritan…
Prescription as to Sunni
1. Presumption every Muslim is Sunni unless proved otherwise . 1999 YLR 2692, 2008 YLR 589. 2. Deceased survived by widow or daughters. When ladies alleged deceased to Shia and not Sunni, onus lies on them to prove. Evid…
Inheritance under Shia Law
Inheritance under Shia law, 3 classes of heirs. 2000 SCJ 278; see 2006 YLR 1657; 2007 SCJ 676; PLJ 2006 Lah. 8. Widow of Shia deceased entitled to ¼ share of immovable property left by deceased husband. 2007 YLR 3301; PL…
Concept of gift in Shia Law
PLJ 2006 Lahore 1040 [Multan Bench Multan] Present: Maulvi Anwarl Haq, J. Mst. MUKHTAR FATIMA--Petitioner versus Mst. MUMTAZ FATIMA (deceased) through her L.Rs. and others--Respondents C.R. No. 616-D of 1995, heard on 1.…
How to prove a person is shia
PLJ 2006 SC 1476 [Appellate Jurisdiction] Present: Rana Bhagwandas & Sardar Muhammad Raza Khan, JJ. Mst. GHULAM AYESHA alias ILYAS BEGUM and another--Petitioners versus SARDAR SHER KHAN (deceased) represented by LRs and…
Oral evidence is not sufficient to prove faith
PLJ 2006 Lahore 1062 Present: Syed Hamid Ali Shah, J. Mst. LATIFAN BIBI and others--Appellants versus MUHAMMAD BASHIR and others--Respondents R.S.A. 92 of 1989, heard on 19.4.2006. (i) Civil Procedure Code, 1908 (V of 1…
Civil Revision dismissed in case of Benami
PLJ 2004 Lahore 1165 Present: muhammad muzammal khan, J. MUHAMMAD AFZAAL-Petitioner versus MUHAMMAD IQBAL and another-Respondents Civil Revision No. 1288 of 2000, heard on 5.3.2004. (i) ActofCourt-- —Litigants would not…
Implementation of Exchange in Revenue Records
PLJ 2004 Lahore 1779 Present: MRS. FAKHAR-UN-NlSA KHOKHAR, J. PROVINCE OF PUNJAB-Petitioner versus TARIQ RASOOL etc.--Respondents C.R. Nos. 307 £ 308 of 2000, heard on 16.3.2004. Specific Relief Act, 1877 (I of 1877)-- —…
Inheritance is distributed according to Sect
PLJ 2003 Lahore 995 Present nasim sikandar , J. Mst . AISHA BIBI (deceased) through Legal heirs and others-Appellants versus MUHAMMAD MALIK and others-Respondents R.S.A. No. 499 of 1979, decided on 11.3.2003. ( i ) Muham…
Adopted Child
An adopted child is not an heir either in Islamic nor in Christian law of inheritance. PLD 2003 Kar. 270; PLD 1992 SC 385 . No legal right created from adoption. PLD 2003 Kar. 270. For more , you can consult omara.khan78…
Mohrabah
Mohrabah, payment of penalty if money not paid in time, repugnant to Islam . PLD 2000 Kar. 246. a. Musha: share of unpartitioned land can be gifted. 2007 SCJ 410. b. Mutation: even if the name of plaintiff is omitted in…
G.P. Fund and Gratuity
G.P. fund and gratuity is tarka and would go to legal heirs. PLJ 1999 Lah. 907. or call +923123450006…
Nomination
1. No mention of group insurance and no tarka would devolve on nominee only and not on heirs. PLJ 1999 Lah. 907; NLR 2000 AC 601. 2. Nomination in insurance policy does not deprive legal heirs of their inheritance share…
Non-impleading of parties, effect
Decree of inheritance obtained without joining petitioner is nullity and not binding on plaintiff, subsequent suit of inheritance was decree in favour of petitioners . PLJ 1999 Lah. 770. For more , you can consult omara.…
Case in which defendant is not made party in Appeal
PLJ 1998 Karachi 289 Present: RASHID A. RAZVI, J. DISTRICT COUNCIL THARPARKAR-Appellant versus Syed MUHAMMAD WALI AND GOVT. OF SINDH-Respondents Civil Revision No. 65 of 1993, decided on 12.1.1998. Civil Procedure Code,…
Inheritance of person living abroad
A woman who has left estate entitled to inheritance. PLD 1997 SC (AJK) 1. or call +923123450006…
Application to make legal heirs party to the suit
PLJ 1996 Karachi 353 Present: SHAFI MUHAMMADI, J. Late SAIFUDDIN through his legal representative-Applicants versus JAMIL AHMED-Respondent Revision Application No. 85 of 1995 accepted on 11-7-1995. (i) Civil Procedure Co…
Will
1) Will in favour of heir not valid unless consented by other heirs after death. NLR 1995 SCJ 679; PLJ 1996 SC 1087; 1999 SCMR 971. 2) Unregistered will cannot create any right in favour of heir unless it is acted upon.…
Conflicting Judgments on Section 4 MFLO
PLJ 1990 SC 204 [Appellate Jurisdiction] Present: abdul shakurul salam and rustam s. sidhwa, JJ FARID-Petilioner versus Mst. MANZOORAN and others-Respondents Civil-Petition for Leave to Appeal Nos. 772 and 773 of 1989, d…
Childless Widow in Shia law
1. Childless widow is excluded from inheritance under Shia law. 2002 YLR 2580; 1989 MLD 1013; see 2004 SCMR 517; 2007 CLC 1840 (1/4 share in produa). 2007 CLC 1840. 2. Widow sole surviving heir gets ¼ share and also rema…
Powers of Appellate Court to Implead Interested Parties
PLJ 1987 Lahore 209 Present: MAHBOOB AHMAD, J ABDUL QADIR and 5 Others—Petitioners versus MUHAMMAD UMAR and Others—Respondents Civil Revision No. 1616-D of 1982, heard on 8-2-1987 (i) Civil Procedure Code, 1908 (V of 190…
Heirs of predeceased sons/ daughters
1. Provisions of Section 4 would be applicable when last male owner has died in 1925 and life estate terminated in 1984. NLR 1997 Civ. SC 276. Son entitled to share of his father who predeceased. 2007 UC 962. 2. Claim of…
Custom
1. Transaction of gift made by widow prior to 15-3-48 would stand protected on basis of PLD 1985 SC 407. Land inherited under custom before 15-3-48 by vendor/ donor would be deemed to have been inherited under Muslim Sha…
Railway Accident Contributory Negligence Case Law
2011 S C M R 1836 [Supreme Court of Pakistan] Present: Nasir-ul-Mulk, Jawwad S. Khawaja and Mian Saqib Nisar, JJ ISLAMIC REPUBLIC OF PAKISTAN through Secretary, Ministry of Railways and others---Appellants Versus ABDUL W…
230/2016 S.M.A In the matter of Letter of Administration of deceased Tahir Ahmed Khan (Petitioner) V/S Nil (Defendant)
It would be an inconvenience, rather a hardship for the present Petitioner and her siblings to file the proceeding in respect of properties of her deceased father in three different Countries; Pakistan for moveable prope…
878/2020 Suit Mst. Bushra Hamid & others (Plaintiff) V/S Mst. Farzana Nizam & others (Defendant)
Benami Transactions status as a resulting trust under Section 102 of the Sindh Trusts Act, 2020 and whether a claim can be maintained by legal heirs of a person who is contended to be the real owner of a property but wh…
789/2018 Suit Mst. Nadia Shakeel & another (Plaintiff) V/S Shagufta Baqar & another (Defendant)
There is no concept of amendment in the disposed of memo of petition for Letter of Administration in respect of ONE identified deceased on subsequent death of another person who was legal heir of the deceased whose petit…
173/2009 S.M.A Muhammad Javed .... Petitioner (Petitioner) V/S aaa (Respondent)
173/2009 S.M.A Muhammad Javed .... Petitioner (Petitioner) V/S aaa (Respondent)…
398/2020 S.M.A Batul Husain Dharamsey d/o Hussain Dharamsey (Petitioner) V/S Nil (Respondent)
398/2020 S.M.A Batul Husain Dharamsey d/o Hussain Dharamsey (Petitioner) V/S Nil (Respondent)…
109/1985 Civil Revision Ali Bux through his legal heirs & others (Applicant) V/S Mst. Bhagbhari through her legal heirs & others (Respondent)
109/1985 Civil Revision Ali Bux through his legal heirs & others (Applicant) V/S Mst. Bhagbhari through her legal heirs & others (Respondent)…
12/2010 Cr.Acctt.A Peer Deedar Ahmed Sarhandi (Appellant) V/S The State (Respondent)
Death of appellant during pendency of appeal, proceedings are abated against him. However, appeal was dismissed on merits and fine was ordered to be recovered as land revenue from assets devolving upon the legal heirs …
1519/2011 Const. P. Abdul Ghafar (Applicant) V/S Govt of Sindh & ors (Respondent)
Group Insurance being not part of inheritance (Tarka) and the same is payable to the nominee mentioned therein. Since, it is an admitted position as also supported by all documentary evidence, the present petitioner has …
758/2020 Suit Danish Elahi & others (Plaintiff) V/S Mariam Kamran & others (Defendant)
This court sees acts of the plaintiffs aimed to throttle livelihood of the deceaseds legal heirs and put them to the caprice of the Plaintiffs, an act offensive to dignity of human thus the Family Agreement sought to upk…
85/2019 II.A. Mst. Naz Bibi (since died) through her LRs (Appellant) V/S Wahid Bux (since died) through his LRs and others (Respondent)
The impugned judgment and decree of the learned appellate Court are maintained to the extent of entitlement of respondent No.1 in respect of the amount of the National Savings Certificates left by the deceased along with…
41/2019 M.A. Roshan Ara and others Thr. Yasir Ali Palijo (Appellant) V/S Abdul Karim and others (Respondent)
Succession Act (XXXIX of 1925) --- ----Ss. 372, 373 & 295---Qanun-e-Shahadat (10 of 1984), Arts. 85 & 128---Specific Relief Act (I of 1877), S. 42---Succession certificate, issuance of---Public document---Presumption of …
6/2007 Cr.Acctt..Acq. A. THE STATE (Appellant) V/S AHSAN BASEER (Respondent)
The properties left by deceased can be inherited by the legal heirs however, it shall be subject to any proceedings as may competently be brought/undertaken by the State for forfeiture/ confiscation within the framework …
31/2012 Const. P. Mst. Rehana Hafeez (Petitioner) V/S Muhammad Ali alias Ehsan (through legal heirs) (Respondent)
31/2012 Const. P. Mst. Rehana Hafeez (Petitioner) V/S Muhammad Ali alias Ehsan (through legal heirs) (Respondent)…
45/2014 S.M.A Mst. Mehrunnissa (Petitioner) V/S N.A (Respondent)
45/2014 S.M.A Mst. Mehrunnissa (Petitioner) V/S N.A (Respondent)…
1311/2004 Suit Shaikh Abdul Jabbar through his Legal Heirs (Plaintiff) V/S Irfan Jami Rafique and another (Defendant)
1311/2004 Suit Shaikh Abdul Jabbar through his Legal Heirs (Plaintiff) V/S Irfan Jami Rafique and another (Defendant)…
1892/2018 Const. P. Faheem Ali Gambheer (Petitioner) V/S P.O. Sindh & others. (Respondent)
Mst. Faryal Talpur and Giyanoo Mal seek review/recall order of this Court c whereby their Membership was ordered to be suspended on account of their failure to curb the dog bite cases in their Constituencies. The Chief …
241/2017 S.M.A Barbara Helena Philomina through attorney Debbie (Petitioner) V/S Marina Caroline Bond - Deceased (Respondent)
241/2017 S.M.A Barbara Helena Philomina through attorney Debbie (Petitioner) V/S Marina Caroline Bond - Deceased (Respondent)…
52/2009 R.A (Civil Revision) Abdul Hakeem (Applicant) V/S Ameenuddin Since Deceased Through his Legal Heirs (Respondent)
Civil Procedure Code (V of 1908)--- ----S. 115 & O. VII, R. 11---Specific Relief Act (I of 1877), S.9---Suit for possession of immovable property---Revision---Competency---Phrase "no appeal lies" in S.115, C.P.C."---Scop…
1592/2010 Suit MST.SHAMIM AKHTER & ORS. (Plaintiff) V/S MST.NAZAR BARI & ORS. (Defendant)
Muslim Family Law Ordinance, 1961, not applicable retrospectively. Legal Heirs of pre-deceased son will not inherit. Suit not maintainable.…
199/2015 S.M.A Sheikh Haroon Buksh S/o Shaikh Buksh Elahi (Plaintiff) V/S Shaikh Tahir Buksh & Others (Defendant)
Succession Act (XXXIX of 1925)--- ----Ss. 295 & 278---Chief Court (Sindh) Rules (OS), Chap. XXII, R.413---Civil Procedure Code (V of 1908), O.XX, R.13 & S.114---Succession---Procedure in contentious cases---Decree in adm…
144/2014 Civil Revision Mst. Parveen Raza Jadun through her legal heirs (Applicant) V/S Bashir Ahmed Chandio and others (Respondent)
(i). In direct benami claim requires a higher standard of proof; (ii) every transaction between family members cannot be recognized as benami; (iii). Claimant not challenged the purchase of property by father in favour o…
703/2007 Suit MRS. BILQUIS MOHSIN BUTT & OTHERS. (Plaintiff) V/S MUHAMMAD MAHMOOD BUTT & ORS. (Defendant)
(a) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Limitation---Scope---Suit for administration was only a formality to determine the mode of distribution of the estate of the deceased among…
440/2020 S.M.A Shamsuddin s/o Aboobakar (Petitioner) V/S Yasin Hasan (Deceased) (Respondent)
440/2020 S.M.A Shamsuddin s/o Aboobakar (Petitioner) V/S Yasin Hasan (Deceased) (Respondent)…
43/2016 M.A. M/s. Idara-e-Noor-e-Haq through Sec. (Appellant) V/S Public at Large (Respondent)
Succession Act (XXXIX of 1925)--- ----Ss. 272, 269, 299, 300 & 384---Appeal---Probate, grant of---Ownerless property---Application for grant of probate under S.272 Succession Act, 1925, was filed by appellant but Trial C…
1512/2009 Suit MOBIN RAFIQUE & OTHER (Plaintiff) V/S RASHID AHMED & ORS. (Defendant)
The reasons that I have highlighted the occasions and circumstances ibid where a Receiver could be appointed is because I have gone through the entire affidavit filed in support of the application for appointment of Rece…
74/2015 S.M.A Mr Afia Baig w/o. Mirza Fawad Baig V/S (Petitioner) V/S Party-2 (Defendant)
(a) Counsel and client--- ----Affidavit by advocate---Scope---Lawyer is not supposed to take place of his client when seeking any substantial relief which the client wanted from the Court---Lawyer cannot swear affidavit …
77/2007 Civil Revision Farida Gul Agha & others (Appellant) V/S Saeeda Bano Ahmed & Ors (Appellant)
(a) Islamic law--- ----Gift---Revocation of---Death of donor and donee---Effect---Suit was filed for cancellation of gift deed after the death of donee/beneficiary---Trial Court dismissed the suit but Appellate Court dec…
394/2020 S.M.A Saleem Islam s/o late SYed Zafar ul Islam (Petitioner) V/S Wing Cdr Syed Feroze Ali Rizvi & others (Respondent)
Section 15 of the Civil Procedure Code provides that every suit shall be instituted in a Court of lowest grade competent to try it. The primary reason, amongst many, is that a right of appeal may be available before appe…
68/2018 S.M.A Dr.Mohammad Sharif (Petitioner) V/S Party-2 (Defendant)
68/2018 S.M.A Dr.Mohammad Sharif (Petitioner) V/S Party-2 (Defendant)…
13/2011 II.A. Mst. Sughra Begum & Ors (Appellant) V/S Mst. Akbari Begum & Ors (Respondent)
Islamic Law--- ----Inheritance---Nephew being son of pre-deceased brother could not claim inheritance even as vested inheritance as his father was not alive at the time of opening of succession---Daughter being sole lega…
2227/2015 Suit Allied Bank Ltd. (Plaintiff) V/S Qamar Hussain Naqvi & Others. (Defendant)
Plaint rejected by invoking legal maxim actio personalis moritur cum persona and Article 36 of the Limitation Act, 1908. Legal maxim actio personalis moritur cum persona (a personal right of action dies with the person) …
34/2017 R.A (Civil Revision) Wikiyo (Applicant) V/S Mst. Aami and others (Respondent)
The succession to the estate of a Muslim under Muhammadan Law is open only at the time of his/her death and legal heirs alive at such time could be entitled to inherit his/her estate. It is only Section 4 of the Muslim F…
44/2021 M.A. Pakistan International Airlines Corporation Ltd (Appellant) V/S The Court of District Judge, Khi (East) & another (Respondent)
Precisely the gist of law and the succession application provides that the litigation commenced for issuance of a certificate in terms of Rule 1, 2 and 6 of Sixth Schedule of the ibid Act 2012. It enabled one of the lega…
47/2003 Civil Revision Khalid Hussain thr:LRs (Applicant) V/S Province of Sindh and other (Respondent)
Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O. XLI, R. 31---Suit for declaration without seeking possession---Main-tainability---Gift---Proof of---Contention of defendants was that no…
39/2016 M.A. Liaquat Ali (Appellant) V/S Mst. Huma Faiz and another (Respondent)
Succession Certificate could have been granted only in respect of assets left by the deceased either in favour of widow or any of the brothers of deceased as deem fit and proper and the purpose of granting succession cer…
141/2016 S.M.A Muhammad Iqbal S/o Abdul Wahab (Petitioner) V/S Noor Muhammad Chutani - Deceased (Respondent)
141/2016 S.M.A Muhammad Iqbal S/o Abdul Wahab (Petitioner) V/S Noor Muhammad Chutani - Deceased (Respondent)…
46/1998 S.M.A Mst. Jamila Naheed...........(Petitioner (Petitioner) V/S Mrs. SaminaQasim (Respondent)
46/1998 S.M.A Mst. Jamila Naheed...........(Petitioner (Petitioner) V/S Mrs. SaminaQasim (Respondent)…
174/2016 S.M.A Ms.Ghazala Mansuri and another (Petitioner) V/S nil (Defendant)
174/2016 S.M.A Ms.Ghazala Mansuri and another (Petitioner) V/S nil (Defendant)…
1489/2007 Suit Adnan Aziz Ahmed (Plaintiff) V/S Rakil Ahmed Zaman& Others (Defendant)
As far as strength and defence of sale certificate, as relied upon by the defendants, who are the other set of legal heirs are concerned, the subject property never vested with the Nazir of this Court, which could enable…