Muslim Law

Duty of the parents to provide maintenance to their children and it is moral obligation upon the parents to provide the means to support the life of their children.

Mere recital in the gift deed about the delivery of possession would not be sufficient to prove possession unless . livery of possession is positively proved by cogent .evidence.

Marriage is a civil contract and every Muslim of sound mind, who has attained puberty, can enter into contract of marriage and is void only when it is brought about without his or her consent.

Only such possession is to be handed over as is capable of delivery.

Will executed in favour of respondent with regard to licence of "Tazia Dari" as well as "Mutwaliship" of "Imam Bargah" had been challenged alleging same to be fake being result of undue influence and having been executed during "Marzul-Maut" of the testator

Allegations that the "will" was the result of coercion, undue influence and was executed when its executant was under imminent danger to his life (Marz-ul-Maut), had been controverted and rebutted through cogent and unrebutted evidence of witnesses as well as through documents

Courts below concurrently dismissed suit whereby validity of "will" was challenged

Concurrent findings of fact based on unrebutted evidence on record could not be interfered with in revision by High Court.

Tarka (estate) of deceased consists of immovable or movable properties, money and all other articles which the deceased owned and over which he had 'complete control and dominion so as to enter into the transaction of sale, exchange, transfer, gift in respect of such immovable and movable properties, moneys and other goods/articles

Amount of group insurance could not form estate or Tarka of the deceased.