1999 PLP 1864 (CLC)
ABDUL SHAKOOR and others‑; ‑Appellants Versus Dr. WALI MUHAMMAD and
| Citation | 1999 PLP 1864 (CLC) |
| Forum / Court | Lahoret |
| Bench Members | Eli Nawaz Chowhan, J |
| Parties | ABDUL SHAKOOR and others‑; ‑Appellants Versus Dr. WALI MUHAMMAD and |
Q1: What are the key laws and sections cited in 1999 PLP 1864 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1864 (CLC)?
The case was heard and decided by the Lahoret bench comprising: Eli Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1864 (CLC) (ABDUL SHAKOOR and others‑; ‑Appellants Versus Dr. WALI MUHAMMAD and). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Hassan Ahmad Khan Kanwar for Appellants.
- Ch. Muhammad Din Ansari for Respondents.'
- Date of hearing: 30th June, 1999.
Headnotes / Summary
(a) Custom (Punjab)‑‑‑ ‑‑ ‑History of genesis and death of custom in Punjab through phases of time traced. Customs and Customary Law in India by Roy and Village Communities ;ind Origin of Customary Law in India by Sir Henery Maine ref. (b) Custom (Punjab)‑‑‑ ‑‑‑‑ Suit for declaration under Custom (Punjab) to the effect that sale of suit land was of no effect on the rights of reversionaries at time of death of alienor‑‑ validity‑‑‑Custom (Punjab) having been taken over completely by the Muslim Personal Law (Sharia) in respect of all matters pertaining to rights in properties, succession, will, marriages, Waqf, trust etc., vendor being absolute owner of suit land could have disposed of his property even if there was no legal necessity‑, being an absolute owner and the plaintiff could not restrict him in doing so. Customs and Customary Law in India by Roy; Village Communities and Origin of Customary Law in India by Sir Henery Maine; Federation of Pakistan v. Muhammad Ishaque and another. PLD 1983 SC 273; Muslim Law, by Syed Amir Ali, Vol. 11 p.20; Abdul Ghafoor and others v. Muhammad Shaft and others PLD 1985 SC 407; Mst. Farida and 2 others v. Rehmatullah and another P1 .D 1991 SC 213 and Holy Qur'an: Sura An‑Nisa. Chapt. If, Verses 7, 8, 11, 12, 176 ref.
Judgment & Decree
Or large, a determinate share" 4"Allah(thus) directs you As regards your children's (inheritance): to the male, A portion equal to that Of two females; if only Daughters, two or more, Their share is two‑third Of the inheritance If only one, her share Is a half For parents, a sixth share Of the inheritance to each If the deceased left children; If no children, and the parents Are the (only) heirs, the mother Has a third; if the deceased Left brothers(or sisters) The mother has a sixth. The distribution in all cases (Is) aftet the payment Of legacies and debts, Ye know not whether Your parents or your children ask Are nearest to you In benefit. These are Settled portions ordained By Allah and Allah is All‑knowing, All‑Wise "In what your wives leave Your share is a half, If they leave no child But if they leave a child, Ye get a fourth; after payment Of legacies and debts, In what ye leave, Their share is a fourth. If ye leave no child But if ye leave a child, They get an eighth; after payment Of legacies and debts, If the man or woman Whose inheritance is in question Has left neither ascendants nor descendants, But has left a brother Or sister, each one of the two Gets a sixth; but if more. Than two they share in a third; After payment of legacies, And debts; so that no loss Is caused (to anyone). Thus is it ordained by Allah, And Allah is all‑Knowing Most Forbearing They ask thee For a legal decision. Say: Allah directs (thus) About those who leave No descendants or ascendants As heirs. If it is a man That dies, leaving a sister But no child, she shall Have half the inheritance: If (such a deceased was) 4rea A woman, who left no child, Her brother takes her inheritance: If there are two sisters, They shall have two‑thirds Of the inheritance (Between them): If there are .. Brothers and sisters, (they share), The male having twice The share of the female. Thus doth Allah make clear To you (His law) lest Ye err. And Allah Hath knowledge of all things.
28. In this case Shamir Ahmad, the vendor being the absolute owner could have disposed of his property even if there was no legal necessity although, he had the legal necessity, being an absolute owner and the plaintiffs could not have restricted him in doing so.
29. The learned counsel for the appellant was confronted with this legal position who accepted it but with his own reservations.
30. I find no merits in this Regular Second Appeal, which is dismissed with costs. M.B.A./A‑115/L Appeal dismissed.