MUHAMMAD KHALID and others vs Mst. NOOR BIBI and others
This petition for leave to appeal arose from a declaratory suit filed by the petitioners, claiming inheritance rights to the estate of the deceased, Muhammad Sharif, as children of his paternal uncle and aunt. The respondents, who were the maternal uncles of the deceased, contested the claim. The trial court, the first appellate court, and the Lahore High Court all dismissed the petitioners' suit, finding that the respondents held a superior claim to the inheritance. The core legal question before the Supreme Court was whether the descendants of a paternal uncle and aunt have a preferential right to inheritance over the maternal uncles of a deceased who died issueless. The Supreme Court upheld the lower courts' decisions, holding that the respondents, as maternal uncles, possessed a preferential right over the petitioners based on the principle of proximity in degree, which excludes more remote relatives. The Court affirmed that neither party qualified as a sharer or residuary, and the determination of the lower courts regarding the priority of succession was legally sound, warranting no interference.
- Do the descendants of a paternal uncle and aunt have a preferential right of inheritance over the maternal uncles of a deceased person who died issueless?
- Does the principle of 'nearer in degree' exclude more remote relatives in the distribution of inheritance under Muhammadan Law?
ORDER
1. ' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgments, dated 26-11-2002 of the learned Single Judge of the Lahore High Court, Lahore, dismissing Civil Revision No,64 of 1999 and F.A.O. No,15 of 1999 respectively filed by the petitioners.
2. ' The facts briefly stated are that the petitioners filed a declaratory suit to the effect that they were legal heirs of deceased Muhammad Sharif who had died issueless and the respondents/defendants had got no concern whatsoever with his inheritance. They based their claim on the ground that they were sons and daughters of paternal uncle and aunt of deceased Muhammad Sharif. This suit was resisted by the respondents/defendants. Issues were framed, the parties led their evidence and the learned Civil Judge 1st Class, Sialkot, through his judgment, dated 26-11-1990 dismissed the suit. The petitioners filed an appeal assailing the aforesaid judgment, which was dismissed by the learned Additional District Judge, Sialkot. Feeling aggrieved by the above judgment of the First Appellate Court, aforesaid civil revision and F.A.O. Filed before the Lahore High Court were dismissed by a learned Single Judge through his judgments dated 26- 11-2002, impugned herein. Hence, these petitions for leave to appeal.
3. ' We have considered the contentions raised by the learned counsel for the petitioners and have examined the entire material placed on record with his assistance. Admittedly, the petitioners are sons and daughters of the paternal uncle and aunt of deceased Muhammad Sharif while the respondents are maternal-uncle of said Muhammad Sharif. None of them is either sharer or residuary. Their case falls in the fourth category of section 68 on Principles of Muhammadan Law by Mulla. However, the respondents are maternal-uncles of deceased Muhammad Sharif. They certainly have got preferential right over the descendents of paternal uncle and aunt on the principle of nearer in degree which excludes the more in remote. The learned trial Judge as well as the A learned first Appellate Court have thrashed the above issue threadbare and dismissed the suit filed by the petitioners, which determination has been maintained by a learned Single Judge of the Lahore High Court through a well-reasoned judgment. Learned counsel for the petitioners has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court.
4. ' Resultantly, for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and leave refused.