Right of inheritance

2022 PLD 360 ISLAMABAD Judicial Precedent

S.4Specific Relief Act (I of 1877), Ss. 42 & 54Suit for declaration, injunction, partition and mesne profitPre-deceased childRight of inheritance

Dispute between the parties was with regard to right of widow of pre-deceased children of propositus and extending of benefit under S. 4 of the Muslim Family Laws Ordinance, 1961, by granting them rights of inheritance from estate of parents of their pre-deceased spouses

Held, that benefit under S.4 of Muslim Family Laws Ordinance, 1961, was not confined to children/offspring of pre-deceased children of propositus but also to widow or any other legal heir of such pre-deceased children

Words "legal heirs of such son or daughter" were not employed and instead "the children of such son or daughter" were used in S.4 of Muslim Family Laws Ordinance, 1961

Exception was created under S.4 of Muslim Family Laws Ordinance, 1961, by altering Islamic laws of inheritance applicable to orphaned grandchildren and the same was to be construed strictly

Meaning of the word "children" could not be stretched to include "widows" or "any other legal heir" of pre-deceased child of the propositus no matter which canon of statutory interpretation was adopted

High Court declared that contention of appellant that under S.4 of Muslim Family Laws Ordinance, 1961, children (i.e., sons and daughters only) in addition to the widows or any other legal heir of a predeceased child of the propositus would also inherit, was bereft of substance

High Court directed local commission to discharge its obligations in accordance with directions issued by Trial Court in its preliminary decree

Appeal was dismissed, in circumstances.

2014 CLC 489 PESHAWAR-HIGH-COURT Judicial Precedent

S. 42Civil Procedure Code (V of 1908), O.VII, R.11Suit for declarationRight of inheritanceRejection of plaint on technical ground of limitationScopePlaintiff filed suit for declaration claiming shari share

Application for rejection of plaint filed by defendant was allowed by trial Court and the suit for declaration was dismissed without recording evidence of parties

Appellate Court set aside the order of trial Court and remanded the case for disposal of plaint on merits

Contention of the petitioner/defendant was that appellate Court illegally set aside the order of trial Court as the suit filed by plaintiff was time-barred

Validity

Trial Court dismissed the Suit at very initial stage as neither any written statement had been filed nor any other sort of evidence was available which could substantiate the contention of the petitioner/defendant regarding his respective plea which prevailed with the trial Court

Court, in cases of inheritance, was required to ensure that no legal heir had been denied from his due legal share in the estate of deceased on technical grounds

Court, in such cases, was required to decide the controversy of legacy after recording pro and contra evidence

Plaint was sparingly rejected on the point of limitation

Limitation was a mixed question of law and facts which could not be resolved without recording evidence of the parties

Order of the appellate Court was based on proper appreciation of points involved

Revision petition was dismissed.

2013 SCMR 1540 SUPREME-COURT Judicial Precedent

Right of inheritanceScope

Upon the death of a Muslim, his legal heirs automatically became co-sharers in the estate left by him and one co-sharer could not deprive the other from such right.

2013 CLC 542 PESHAWAR-HIGH-COURT Judicial Precedent

S. 4Constitution of Pakistan, Art. 203-DGrandchildrenRight of inheritanceScopeRight of grandchildren to inherit the share of their predeceased father from their grandfatherLegality

Although Federal Shariat Court had declared section 4 of Muslim Family Laws Ordinance, 1961 to be repugnant to Islamic Sharia but such verdict was under challenge before the Supreme Court and thereby the operation of said verdict stood suspended automatically till decision of the appeal as provided by Article 203-D of the Constitution

Grandchildren, therefore, could inherit the share of their predeceased father from their grandfather.