Thursday, November 20, 2014

Inheritance, case laws in Pakistan

Inheritance

2012 SCMR 695


Sect---Deceased being issueless left behind a mother and sister---Mother's statement in court to the effect that her deceased son was shia by faith---Validity---Sister would retain remaining property

2012 SCMR 356


Pedigree tables of years 1905-06 and 1950-51 showed that plaintiffs were not successors-in-interest of deceased---Insertion of name of predecessor of plaintiff in subsequent pedigree table of year



2011 SCMR 1648


Nothing on record to show that Custom existed in native District "A", where Inheritance of deceased was opened according to Sharia and plaintiffs were given their shares from estate of deceased---Had

2008 SCMR 343


Inheritance ---Common practice prevailing in rural areas to deprive female legal heirs of their due share of properties of their parents by various devices---Supreme Court deprecated such practice.

2007 SCMR 800


Inheritance ---Stepson not entitled to succeed to property left by his stepmother on opening of her Inheritance in presence of her own children.


2007 SCMR 729


Inheritance ---Question of limitation would not arise in such cases.


2007 SCMR 635


Inheritance ---Principles---Under Islamic law, as soon as someone who owns some property, dies, the succession to his property opens and property gets automatically and immediately vested in the heirs

2007 SCMR 387


Inheritance ---Widow of pre-deceased son of last male owner (her father-in-law)---Not entitled to any share from property left by such owner.


2007 SCMR 1850


-Inheritance ---Riwaj-e-Aam or Wajib-ul-Arz---Scope---Legal heirs cannot be deprived of their legal shares merely for the reason that no distinction was mentioned in Wajib-ul-Arz regarding ancestral

2005 SCMR 1217


Inheritance , right of---Proof---Such right could not be created or extinguished merely on basis of oral assertion---Person asserting relationship with deceased owner must prove same through positive

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