Shares of legal heirs

Petitioners/ defendants assailed concurrent findings of facts recorded by courts below whereby the respondents'/plaintiffs' suit for declaration and consequential relief was decreed

Validity

Respondents being legal heirs of deceased and sisters of petitioners were entitled to inherit their due share in the legacy of their father

Respondents had successfully proved their suit through reliable oral as well as documentary evidence but the petitioners had failed to prove the gift deed by producing any reliable evidence and no entry was made in the revenue record in favour of the petitioners on the basis of gift deed, as such, the courts below had rightly discarded the contention of the petitioners

Concurrent findings of facts recorded by the courts below were not open to exception unless it was established that the same suffered from any jurisdictional defect/error or were based on misreading or non-reading of evidence, which elements were conspicuously lacking in the present petition

Revision petition was dismissed, in circumstances.

Widow was entitled to her share to the extent of 1/4 (in absence of child) as sharer while father and mother were entitled to take each one sixth 1/6 as sharers if there was no child or son's child how low so ever, while for remaining share, parents were entitled to receive the same as residuary

According to Islamic Law in default of residuaries of first class i.e. sons and son's son how low so ever and daughters and son's daughter how low so ever when not sharers, the residue devolved on the father as class 11 of residuaries while widow could not claim any share as residuary etc.