Pakistan Case Lawโ† Search
1990 SCMR 789

Seith ABDUL SALAM vs Malik MAHMOOD HASAN and 12 others

Citation1990 SCMR 789
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 68 of 1987
Date1989-08-30
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave to appeal refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioner/defendant's Regular First Appeal against a preliminary decree recognising the right of his sister (Mst. Noor Fatima) to inherit the property left by their father.

2. ' Learned counsel has raised two alternative pleas: One, that the petitioner was co-sharer with his father in the suit property as it was jointly purchased by them in equal shares. And, secondly, that he having spent Rs,1,80,000 on the treatment of his father and his burial the respondent had lost her right to inherit it.

3. We asked the learned counsel to refer to any documentary evidence or other cogent material to give a finding of fact for the first time on the first plea; namely, that the petitioner himself was a co- owner in the suit property which, as has been held by the learned Courts below, belonged to his father. He failed to satisfy us on this point. Regarding second plea this Court has recently held that a Muslim sister cannot be deprived of her share in inheritance on the plea of money spent by the brothers on her behalf. See C.P.-133-R of 1989 (Ghulam Ali and two others v. Ghulam Sarwar Naqvi) decided on 15th May, 1989. And burial expense is un-proved. After hearing the learned counsel we do not find any merit, leave to appeal accordingly, is refused.

4. Leave to . 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.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch