Ch. Muhammad Iqbal, J:- Through this single judgment, I intend to decide the titled Writ Petition [No. 80553/2023] as well as Writ Petition No. 80520/2023, Writ Petition No.80539/2023 and Writ Petition No.80547/2023 as common questions of law and facts are involved in these cases.
Writ Petition No.80553/2023
2. Brief facts of the case as contended by learned counsel for the petitioner are that Muhammad Asghar was owner of different agricultural and residential properties in Districts Khushab, Okara, Bhakkar, Sahiwal and Sargodha including land measuring 290 Kanal 10 Marla situated in Chak No.111/7-R Tehsil Chichawatni District Sahiwal. On 09.05.2016, Muhammad Asghar died issueless leaving behind a widow [Fariha Aalia] and two sisters [Kaniz Haider and Nasreen Akhtar] as his legal heirs and his inheritance mutation No.4659 dated 06.06.2018 of the aforesaid land was sanctioned in favour of his widow and two sisters. Respondent No.3/Muhammad Nazar/paternal cousin of Muhammad Asghar challenged the sanctioning of above mutation on the ground that being residuary he would also inherit from the estate of the deceased but the Assistant Commissioner, Chichawatni dismissed the same vide order dated 29.06.2021. He assailed the said order through revision petition before Additional Commissioner (Revenue), Sahiwal Division, Sahiwal who accepted the petition vide order dated 03.02.2023 and set aside the order dated 29.06.2021 of the Assistant Commissioner. The petitioners assailed the order dated 03.02.2023 through revision petition (ROR) before the Member, Board of Revenue.
Writ Petition No.80520/2023 Through this petition, the petitioners, Kaniz Haider etc. have called in question the inheritance mutation No.5047 dated 13.07.2021 of Muhammad Asghar deceased, whereby the Assistant Director Land Record, Chichawatni also granted share from estate of the deceased to respondents No.2 to 4/paternal cousins as residuary. The petitioners challenged the said order/mutation through an appeal which was allowed by the Assistant Commissioner, Chichawatni vide order dated 19.07.2022. The respondents challenged the said order through revision petition which was accepted by the Additional Commissioner (Revenue), Sahiwal Division, Sahiwal vide order dated 03.02.2023. The petitioners assailed the said order through revision petition before the Member, Board of Revenue.
Writ Petition No.80539/2023 Mst. Nasreen Akhtar real sister of the petitioner/Mst. Kaniz Haider died issueless. The Assistant Director Land Record, Chichawatni while incorporating the inheritance mutation [No.5060 dated 25.08.2021] of Mst. Nasreen Akhtar deceased, also granted share from her estate to respondents No.2 to 4/paternal cousins as residuary. The petitioner [Kaniz Haider] challenged the said order/mutation through an appeal which was allowed by the Assistant Commissioner, Chichawatni vide order dated 22.03.2022. The respondents challenged the said order through an appeal which was accepted by the Additional Commissioner (Revenue), Sahiwal Division, Sahiwal vide order dated 03.02.2023. The petitioners assailed the said order through revision petition before the Member, Board of Revenue.
Writ Petition No.80547/2023 Mst. Nasreen Akhtar real sister of the petitioner/Mst. Kaniz Haider died issueless. The Assistant Director Land Record, Renala Khurd while incorporating the inheritance mutation No.1003 dated 14.05.2022 of Mst. Nasreen Akhtar deceased, also granted share from her estate to respondents/paternal cousins as residuary. The petitioner [Kaniz Haider] challenged the said order/mutation through an appeal which was allowed by the Assistant Commissioner, Renala Khurd vide order dated 08.04.2023. The respondents challenged the said order through an appeal which was accepted by the Additional Commissioner (Revenue), Sahiwal Division, Sahiwal vide order dated 05.05.2023. The petitioners assailed the said order through revision petition before the Member, Board of Revenue.
The issues of sanctioning of inheritance mutation of issueless Muhammad Asghar and Nasreen Akhter (sibling) were consolidated at the level of higher forum of revenue hierarchy and the Member, Board of Revenue, Punjab vide consolidated order dated 08.11.2023 dismissed the aforesaid four revision petitions of petitioners. Hence, these writ petitions.
3. Arguments heard. Record perused.
4. The relationship between the parties is admitted. Nazar Muhammad and Umar Farooq sons of Muhammad Ayub son of Muhammad Sher were real paternal cousins of deceased issuless Muhammad Asghar and Mst. Nasreen Akhtar (siblings) progeny of Muhammad Shafi son of Muhammad Sher. The controversy among the parties to the lis is centered around "as to whether the real paternal cousins of issueless deceased Muhammad Asghar and Mst. Nasreen Akhtar would inherit from their estate as residuary or otherwise?
5. A definite and elaborate resolve is provided in this regard in Holy Quran and Sunnah and law.
Islam, being the complete code of life, provide elaborate principles regarding inheritance of a deceased Muslim and the shares of the heirs of a deceased have been conclusively determined in Holy Quran & Sunnah. With regard to the distribution of estate left by a deceased Muslim, Allah Ta'la has ordered in Verse No.33 Surah-i-Nissa of Holy Quran, Urdu vernacular whereof is as under: Further, Allah Ta'la has elaborately described this issue in Surah tul Nisa, Ayat Nos.11, 12 and 176, the Urdu translation of the said verses whereof by Molana Fateh Muhammad Jalandhri as well as interpretation/Tafseer made by Pir Muhammad Karam Shah in Tafseer Zia-ul-Quran, published by Zia-ul-Quran Publications, Lahore (comprising relevant pages 322 to 327, 428 & 429) are reproduced as under:- (Emphasis supplied)
In case of death of a Muslim, his/her heirs have been prescribed in Para 61 of Muhammadan Law by F. D. Mullah which is as under: "61. Classes of heirs- There are three classes of heirs, namely, (1) Sharers, (2) Residuaries, and (3)
Distant Kindred:
(1) "Sharers" are those who are entitled to a prescribed share, of the inheritance;
(2) "Residuaries" are those who take no prescribed share, but succeed to the "residue" after the claim of the sharers are satisfied;
(3) "Distant Kindred" are all those relations by blood who are neither Sharers not Residuaries."
A "Sharer" is a person who directly inherits from the legacy of the deceased. The "Residuary" is a person who does not directly inherit share but succeeds to get share after the claim of sharers is satisfied whereas a "Distant Kindard" comes into field when the deceased has neither sharers nor residuaries. Regarding classes of heirs, guidance is taken from Hadith No.6238 of Sahi Bukhari, Vol.III at page 679 [Zia-ul-Quran Publications, Lahore, Edition: September, 2014], translation whereof is reproduced as under: Another guidance is taken from Hadith No.2018 of Sunan Tirmizi Vol.II at page 92 [Zia-ul-Quran Publications, Lahore, Edition: May, 2013]; its translation whereof is as under: (emphasis supplied)
6. As per Article 2 of the Constitution of the Islamic Republic of Pakistan, 1973 [hereinafter referred to as "Constitution"], Islam is the state religion of Pakistan and as per Article 2A Objectives Resolution, the Muslims in the individual and collective spheres shall be enabled to order their lives in accordance with the teachings of Islam as set-out in the Holy Quran & Sunnah. As per Article 227 of the Constitution, the principles of Holy Quran and Sunnah are admitted as supreme law of this country and all provisions, rules, regulations are to be legislated and framed within the precincts of Quranic principles. For reference, Article 227 of the Constitution is reproduced as under:-
227. Provisions relating to the Holy Quran and Sunnah.- (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions.
Explanation.-In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.
(2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.
(3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens.
7. Thus, from the above, it is established that on death of a Muslim, his estate will be devolved upon his heirs [sharers, residuaries and/or distant kindred]. In case a deceased has no residuary, then under the principle termed as Return (Radd) the said share will be returned to the sharers, as defined in Para No.66 of the Muhammadan Law as under: "66. Return (Radd.)--If there is a residue left after satisfying the claims of Sharers, but there is no Residuary, the residue revert to the Sharers in proportion to their shares. This right of reverter is technically called "Return" or Radd.
Exception.--Neither the husband nor the wife is entitled to the Return so long as there is any other heir, whether he be a Sharer of a Distant Kinsman. But if there be no other heir, the residue will go to the husband or the wife, as the case may be, by Return."
This Court has elaborately discussed this issue in a judgment titled as Mst. Shah Jahan Begum through Legal Heirs Vs. Zafar Ahmed and others (PLD 2018 Lahore 426). Relevant part whereof is reproduced as under:- "In the present case, the propositus died without leaving child, child of a son, father, grandfather, brother or consanguine brother, hence the petitioner as a sister had to inherit being sharer.
Although there might be eventuality when status of a sister being sharer may also be converted into residuary, but condition precedent for that capacity would be either she has a brother or in his default there be (a) a daughter or daughters or (b) son's daughters h.1.s. or even if there be (c) one daughter and a son's daughter or daughter h.1.s., but in the case in hand, no such situation arose and she as well as sons of predeceased brother were rightly awarded shares as per dictates of the Holy Quran, Sunnah and Muhammadan Law (supra), hence neither she was entitled to take the residue nor the ultimate conclusion of the Revenue Forum and that of two Courts below was erroneous, which being unexceptionable requires no interference by this Court in the exercise of revisional jurisdiction."
At the time of death of Muhammad Asghar, his widow (Fareeha Alia), his two sisters (Kaniz Haider & Nasrin Akhtar) were alive whereas his one brother namely, Muhammad Akbar had already passed away. Respondents No.3 & 4/Muhammad Nazar and Umar Farooq both sons of Muhammad Ayub, being paternal cousins of Muhammad Asghar claimed their share from the estate left by Muhammad Asghar being residuary on the ground that no male sharer of Muhammad Asghar was alive at the time of his death. Thereafter, Mst. Nasreen Akhtar, sister of Muhammad Asghar, also died issueless leaving behind the petitioner/Mst. Kaniz Haider/real sister as her heir and the respondents also claimed share from her inheritance being residuary. The Islamic principles are very clear on the instant issue that in case of death of an issueless Muslim with no male sharer alive, his/her sister(s) would inherit as Sharer whereas the residue would be devolved upon available Residuaries. In the instant case, as Muhammad Asghar and Nasreen Akhtar had died issueless and left no male sharer alive as such the respondents being paternal uncle's sons would inherit from the respective estates of Muhammad Asghar and Nasreen Akhtar after satisfaction of the shares of the sharers. Thus, the revenue hierarchy rightly granted due share to respondents No.3 & 4 from the estate of Muhammad Asghar and Mst. Nasreen Akhtar.
8. Learned counsel for the petitioners has not been able to point out any illegality or material irregularity in the impugned orders passed by the Additional Commissioner (Revenue), Sahiwal Division, Sahiwal and Member, Board of Revenue, Punjab and has also not identified any jurisdictional defect calling for interference by this Court.
9. Resultantly, all these writ petitions being devoid of any merits are hereby dismissed.