Exclusion of legal heir

Plaintiff claimed that she was real daughter of original owner of suit land but she was deprived from her share in the estate of her father merely on the basis of some customs prevailing at that time

Trial Court and Appellate Court concurrently decreed the suit

Validity

Parties to lis were Muslims by faith and followers of Quran and Sunnah

Rights and shares of each and every Muslim inheritor in the estate of his/her deceased propositus was absolutely, conclusively and fully described/determined in the Holy Quran which shares were definite in nature

Defendants in contravention of commandments of Allah as well as the law on the subject had illegally deprived the plaintiff from her accrued share in the estate of her father

Concurrent findings of fact were against the petitioners which did not call for any interference by High Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction

Revision petition was dismissed with costs throughout.

Donee claiming under a gift that excluded an heir, was required by law to establish the original transaction of gift irrespective of whether such transaction was evidenced by a registered deed

Gift deed must justify the disinheritance of an heir from the gift.