Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUZAFFAR JAN VS Respondent: HUSSAIN JANHonorable Justice SALAHUDDIN AHMED
1976 S C M R 382
1976 S C M R 382
Present: Salahuddin Ahmed and Muhammad Gul, JJ
Mst. MUZAFFAR JAN‑Petitioner
Versus
Mst. HUSSAIN JAN AND OTHERS ‑Respondents
Civil Petition for Special Leave to Appeal No. 87‑R of 1975. decided on 25th November 1975.
(On appeal from the judgment and decree of the Peshawar High Court, dated the 12th of May 1975, in R. S. A. No. 46 of 1968).
Muhammadian Law‑--
--‑ Succession‑Widow succeeding to estate of her‑''deceased husband as limited owner and later transferring property to her daughter M (petitioner) by way of gift‑Widow's share of 1/8th on her death, held, devolved upon all her heirs including daughter.
Syed Muhammad Shehudul Haque, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for. Petitioner.
Nemo for Respondents.
Date of hearing : 25th November 1975.
ORDER
SALAHUDDIN AHMED, J.‑The petitioner has been aggrieved by an order of a learned Single Judge of the Peshawar High Court dismissing her second appeal.
The last male holder of the property in dispute was 'Mir Ahmad. On the death of Mir Ahmad his widow, Mst. Bakhtnoor succeeded to a limited estate. Mst. Bakhtnoor during her life time transferred the property to her daughter petitioner Mst. Muzaffar Jan by means of two gift mutations attested on the 1st and 27th of September, 1956.
Mst. Bakhtnoor died in 1965, and the remainder of her property was mutated in the names of hat heirs as follows:‑
Mst. Khanam Jan 1/16 Mst. Muzaffar Jan 9/16 Mst. Hussain Jan 6/16
It has been found that Mst. Bakhtnoor was only a limited owner She died in 1963 and according to the Shariat the 1/8th share that she has inherited in her husband's (Mir Ahmad's) property, devolved upon her heirs including Mst. Khanam Jan. There is, therefore, no suhatanss the contention that Mst. Khanam Jan could not inherit any part of the property of Mir Ahmad which devolved on her mother, Mst. Bakhtnoor.
The petition is, accordingly, dismissed.
Petition dismissed.