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Sisters as residuaries

Sisters as residuaries legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 CLC 395 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
S. 372Succession certificate, issuance ofEntitlementSisters as residuariesScopeDeceased was unmarried lady survived by two real sisters and sons of her paternal uncle's sons

Sisters of deceased applied for issuance of succession certificate with regard to amount lying in her bank account and claimed the amount as residuary of deceased

Validity

For full sister becoming a residuary it was necessary that she must qualify the exceptions attached at Sl. No.6 of the table of residuaries in order of succession, provided under section 65 of Mohemmadan Law by D.F. Mulla

Sisters did not fulfil any exception, therefore, they being two in number would get 2/3rd share of inheritance, whereas 1/3rd would go to sons of her full paternal uncle's sons

High Court directed Trial Court to issue succession certificate accordingly and set aside concurrent findings of fact by two Courts below

Revision was allowed accordingly.

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Precedents & Case Laws citing "Sisters as residuaries"

CLC 2013
2012-February-23

2013 C L C 395

MUHAMMAD SULEMAN and others — Petitioners Versus PUBLIC-AT-LARGE and others — Respondents

Court: Lahore
SCMR 1998
‑‑‑‑ Constitution of Pakistan (1973), Art. 185‑‑‑Last male owner died on 1924, whereupon his entire estate was mutated in the name of his widow as limited owner‑‑‑Limited owner gifted away property in question, in favour of sons of her daughter in 1941‑‑‑Collateral of last male owner challenged transaction of gift through suit for declaration to the effect that gift in question, made by limited owner in favour of donees was void and of no legal consequence qua their rights in property in question‑‑‑Sister of last male owner, however, through separate suit, had claimed that she was entitled to 7/16th share of land in question‑‑‑Such suit was contested and even factum of plaintiff being sister of deceased was not admitted‑‑‑Dispute inter se parties ultimately came before Supreme Court in earlier round of litigation which was disposed of vide judgment dated 10‑1‑1993 whereby case was remanded to High Court with agreement of parties, that question of plaintiff being sister of last male holder having not been decided, same should be decided afresh‑‑‑Parties further agreed that regardless of technicalities (including of abatement, finality of orders) controversy regarding inheritance should be decided on the basis of Islamic Law on the subject‑‑Parties also agreed that if plaintiff was proved to be the sister of last male owner, she would get her share in accordance with Muhammadan Law and same would be the position of other heirs viz. widow and daughter of deceased landowner‑‑‑Supreme Court had allowed appeal in terms of agreement of parties‑‑‑High Court on remand vide impugned judgment found that plaintiff was the sister of deceased landowner and was entitled to 7/16 share of his estate‑‑‑Earlier judgment of Supreme Court in terms of agreement of parties having not been challenged through review or otherwise, had attained finality‑‑ Earlier judgment was, thus, binding on parties‑‑‑Supreme Court reiterated that daughter of deceased would get 1/2 share, his wife 1/8 share, and sister would get 3/8 share of his property.

1998 S C M R 448

NASIR ALI and others‑‑‑Petitioners Versus MUHAMMAD HANIF and others‑‑‑Respondents

Court: Supreme Court of Pakistan
SCMR 1988
Civil Appeal No.139 of 1981, decided on 1st August, 1988.

1988 S C M R 1775

KHAN BAIG and others — Appellants Versus Mst. IRSHAD BEGUM and others — Respondents

Court: High Court
CLC 2020
2020-April-15

2020 C L C 1864

MUHAMMAD TARIQ and others — Petitioners Versus SABIRA BIBI and others — Respondents

Court: Islamabad
PLD 1967
Regular Second Appeal No. 292 of 1957, decided on 14th February 1967.

P L D 1967 Lahore 1214

Mst. ZIADAN AND ANOTHLR-Defendants-Appellants Versus MEHR DAD (DIED) REPRESENTED BY HIS HEIRS AND OTHERS Plaintiffs-Respondents

Court:
PLD 2018
2018-July-11

P L D 2018 Islamabad 379

MUHAMMAD AHMED KHAN and others — Appellants Versus Mst. NASHID ANUM SHAHID and others — Respondents

Court: High Court
MLD 1989
Miscellaneous Application No.84 of 1987, decided on 17th Ma , 1987.

1989 M L D 1316

OMAR‑‑Petitioner Versus THE STATE Respondent

Court: Karachi
PLD 1993
C.R. No. 161 of 1991, decided on 2nd February, 1993.

P L D 1993 Peshawar 117

AMIR AFZAL and 2 others‑‑‑Petitioners Versus GHULAM HAIDER and 2 others‑‑‑Respondent;

Court: ‑‑‑‑S. 1(2)‑‑‑Qanun‑e‑Shahadat (10 of 1984), Art. 129‑‑‑Inheritance to the property left by the deceased‑‑‑Doctrine of representation ‑‑‑Applicability‑‑ Plaintiff's plea, that propositus died in the year 1957 (before the promulgation of Muslim Family Laws Ordinance, 1961) remained unsubstantiated on record‑‑‑Best evidence qua the year of death of deceased would have been either his death certificate from the quarters concerned or at least his inheritance mutation‑‑‑Plaintiff having not brought such documents on record, presumption was irresistible that had those documents been produced same would have revealed that deceased had died under the domain of Muslim Family Laws Ordinance, 1961, whereby doctrine of representation had been enforced.‑‑Muhammadan Law.
SCMR 2014
Civil Appeal No.1202 of 2011, decided on 9th April, 2014.

2014 S C M R 1205

SAADULLAH and others — Appellants Versus Mst. GULBANDA and others — Respondents

Court: Supreme Court of Pakistan
PLD 2018
2018-February-12

P L D 2018 Lahore 426

Mst. SHAH JAHAN BEGUM through Legal Heirs — Petitioners Versus ZAFAR AHMED and others — Respondents

Court: High Court

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