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1986 SCMR 768(2)

NAZIR AHMAD vs ASSISTANT DIRECTOR REFUGEES GOVERNMENT OF J & K And

Citation1986 SCMR 768(2)
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 169 of 1978 Writ Petition No. 124-R of 1978
Date1985-11-19
Judge(s)Nasim Hasan Shah, S. A. Nusrat
ResultPetition dismissed

ORDER

NASIM HASAN SHAH, J.--This is a case relating to the allotment of evacuee land to refugees from Jammu and Kashmir.

2. The plea of the petitioners was that they were included in the matter of allotment in the family of one Shahabuddin, their uncle. However, the Settlement Authorities have held otherwise and found that; only the widow and the real children of Shahabuddin are entitled to inherit his allotment. The petitioners, on the other hand, have been found to be included in the allotment made in favour of their mother Mst. Aisha Bibi.

3. The High Court found that their exclusion from the inheritance of Shahabuddin was perfectly correct and they could not claim inheritance of Shahabuddin being only his nephew and nieces when the latter had left his own heirs.

4. We entirely agree with the view taken by the High Court that the petitioners are neither justified nor entitled to deprive the respondents of their share in the inheritance of their deceased father when they will be getting some share from the allotment of their own mother.

5. This petite is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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