Inheritance

  1. Proof of — In order to exclude a legal heir from inheritance very strong and convincing evidence is required. Fazal Noor Begum v. Muhammad Akbar & 4 others 1997 SCR 57 (A)
  2. There is no legal hinderance for a woman who has left the Sate after her marriage with a non state subject in getting her share from inheritance.President’s Reference No.1of1996 1997SCR108 (H)
  3. Plaintiff, Fazal Begum, accepted the claim of respondents and has withdrawn the suit — She, therefore, is not entitled to any share — Her legal heirs are also not entitled to any share. Muhammad Aziz  v. Abdul Razzaq & 9 others 2008 SCR 385 (B)
  4. Upon the death of a muslim, the legacy automatically devolves upon the legal heirs of the deceased muslim — Law settled. Aziza Begum & 6 others v. Muhammad Hussain Khan through legal heirs  2013 SCR (SC AJ&K) 563 (G)
  5. Determination of — According to the injunctions of Holy Qur’an and Sunnah, the intestate property of deceased for the purpose of inheritance will be determined after deduction of the debt payable by the deceased, the will made by him or the property of the others held by him under some pledge or contract etc. Zafar alias Mumtaz & another v. Mst. Sajjad Begum & 7 others 2014 SCR 1549 (J)
  6. On the death of any Muslim, property in the ownership of deceased will devolve upon the legal heirs after payment of debt if any, and fulfillment of the will as ordained in the verses of Holy Qur’an. Held: the property which was jointly owned by the deceased with other persons cannot be treated as a whole the legacy of the deceased. Further held: any property held in his name as Benami transaction or Manager, it was in the joint ownership with others, merely on the basis of Benami transaction, it will not be declared is legacy as a whole.  Zafar alias Mumtaz & another v. Mst. Sajjad Begum & 7 others 2014 SCR 1549 (K)
  7. Meaning of — Inheritance means a property whether moveable or immoveable left by a deceased which was in his actual ownership and he left it behind at the time of his death. Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (B) PLD 1991 SC 731 rel.
  8. Inheritance means a property left by a deceased at the time of his death which was in his actual ownership—Held: any property which was not in the ownership of a deceased person at the time of his death cannot be treated as inheritance ورثہ))Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (C)
  9. According to the celebrated principle of law, inheritance opens on the death of person relating to the property owned by  him, that can be treated as his legacy and will devolve upon his legal heirs. Kh. Muhammad Latif  v. Bilal Salis & others 2015 SCR  906 (B)
  10. —question of limitation—in case of right of inheritance of females—- it is also now settled that in case of inheritance devolving upon the female, the question of limitation is not of much importance. It is almost now settled that for enforcement of the right of inheritance there is no bar of limitation. Abdul Hameed Khan v. Para begum & others 2017 SCR 269 (C) 2002 CLC 587 rel
  11. —Islamic law—Share of—only one —granddaughter—according to the Islamic law of inheritance; in case, the propositus dies leaving behind only one son’s daughter and one real brother, having no real daughter and no grandson, then son’s daughter(granddaughter) will share half of the property and remaining half will go to the real brother of the propositus.     Muhammad Maqbool   v. Muhammad Younas & another 2017 SCR 903 (A)
  12. —Right of inheritance in Islam— in Islam, women are equally entitled to the right of inheritance and to get their Sharia share by a person in the legacy of his/her predecessor, under the Islamic Law, no any legal heir can be deprived of his/her inheritance save as otherwise provided under Islamic Law. The laws of inheritance as laid out by Holy Qur’an establish the foundation for an equitable disbursement of assets. These laws are primarily in Surah An-Nisa, chapter four of the Qur’an. Muhammad Zareed & others v. Muhammad Haroon & others 2022 SCR 1685 (Q) PLJ 2021 SC AJK 33 rel.
  13. —Right of inheritance of women in Islam    Held: In the Holy Quran, the Allah Almighty has already determined the share of the females in the inheritance and the Muslims are bound to perform all the acts according to the command ordained by Allah Almighty. Muhammad Zareed & others v. Muhammad Haroon & others 2022 SCR 1685 (R)
  14. — Res-judicata — applicability of — when the legacy of a Muslim deceased automatically devolves upon the legal heirs, they become owners of such property, irrespective of the fact, whether they are entered in the revenue record as such or not — mere filing of suit by respondents’ mothers and its subsequent dismissal for non-prosecution does not defeat the respondents’ ownership rights derived from their mothers due to passage of time. Muhammad Asheer Khan & another vs Manzoor Hussain & others 2024 SCR 279 (C)
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