1976 PLP 382 (SCMR)
Mst. MUZAFFAR JAN‑Petitioner Versus Mst. HUSSAIN JAN AND OTHERS ‑Respondents
| Citation | 1976 PLP 382 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Salahuddin Ahmed and Muhammad Gul, JJ |
| Parties | Mst. MUZAFFAR JAN‑Petitioner Versus Mst. HUSSAIN JAN AND OTHERS ‑Respondents |
| Primary Law | Muhammadian Law‑ |
Q1: What are the key laws and sections cited in 1976 PLP 382 (SCMR)?
This judgment primarily cites: Muhammadian Law‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP 382 (SCMR)?
The case was heard and decided by the High Court bench comprising: Salahuddin Ahmed and Muhammad Gul, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 382 (SCMR) (Mst. MUZAFFAR JAN‑Petitioner Versus Mst. HUSSAIN JAN AND OTHERS ‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing : 25th November 1975.
- Syed Muhammad Shehudul Haque, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for. Petitioner.
Headnotes / Summary
(On appeal from the judgment and decree of the Peshawar High Court, dated the 12th of May 1975, in R. S. A. No. 46 of 1968). --‑ Succession‑Widow succeeding to estate of her‑''deceased husband as limited owner and later transferring property to her daughter M (petitioner) by way of gift‑Widow's share of 1/8th on her death, held, devolved upon all her heirs including daughter. Syed Muhammad Shehudul Haque, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for. Petitioner.
Judgment & Decree
SALAHUDDIN AHMED, J.‑The petitioner has been aggrieved by an order of a learned Single Judge of the Peshawar High Court dismissing her second appeal. The last male holder of the property in dispute was 'Mir Ahmad. On the death of Mir Ahmad his widow, Mst. Bakhtnoor succeeded to a limited estate. Mst. Bakhtnoor during her life time transferred the property to her daughter petitioner Mst. Muzaffar Jan by means of two gift mutations attested on the 1st and 27th of September, 1956. Mst. Bakhtnoor died in 1965, and the remainder of her property was mutated in the names of hat heirs as follows:‑ Mst. Khanam Jan 1/16 Mst. Muzaffar Jan 9/16 Mst. Hussain Jan 6/16 It has been found that Mst. Bakhtnoor was only a limited owner She died in 1963 and according to the Shariat the 1/8th share that she has inherited in her husband's (Mir Ahmad's) property, devolved upon her heirs including Mst. Khanam Jan. There is, therefore, no suhatanss the contention that Mst. Khanam Jan could not inherit any part of the property of Mir Ahmad which devolved on her mother, Mst. Bakhtnoor. The petition is, accordingly, dismissed. Petition dismissed.