Mst. INAYAT BIBI and others vs ISSAC NAZIR ULLAH and others
This petition for leave to appeal was filed by the widow and two daughters of a deceased Christian male owner against the judgment of a Full Bench of the Lahore High Court, which had dismissed their writ petition in an inheritance dispute. The core legal questions raised involve determining whether the Succession Act, 1925 or the Punjab Laws Act, 1872 governs the inheritance of the deceased, and whether a customary rule excluding female heirs from inheritance is contrary to justice, equity, and good conscience as understood either within the Pakistani jurisprudential context or within the Christian community. The Supreme Court granted leave to appeal to examine these questions of law and general public importance. In granting leave, the Court directed the appeal to be prepared on the existing record with additional documents, ordered a maintain status quo, and prohibited any alienation of the disputed property during the pendency of the appeal before the Court.
- Whether the Succession Act 1925 governs inheritance matters in respect of a Pakistani Christian male owner?
- Whether Section 5 of the Punjab Laws Act 1872 is applicable to determine succession in cases involving Pakistani Christians?
- Whether a rule of customary law depriving female heirs of inheritance is contrary to justice, equity, and good conscience under Pakistani jurisprudence?
- Section 5, Punjab Laws Act 1872
- Succession Act 1925
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--A widow and two daughters of a Christian male owner have sought leave to appeal against the dismissal of their writ petition in an inheritance case, by a Full Bench of the Lahore High Court.
2. Besides, some questions of general public importance, we consider it a fit case, inter alia, to examine:-
(a) Whether, as pleaded from the petitioners' side in the High Court, the Succession Act, 1925 would not govern this case;
(b) Whether Punjab Laws Act, 1872 could not be applied to the present case;
(c) Whether the rule of customary law applied against the petitioners depriving these females of inheritance is not contrary to justice, equity and good conscience as understood in the Pakistani Jurisprudential context;
(d) Whether the said rule of custom is also opposed to justice, equity and good conscience as understood in the Christian community; and
(e) If the said rule is not opposed to justice, equity and good conscience as understood in Christian community; but is opposed to justice, equity and good conscience as understood in Pakistani Jurisprudential context; whether the former or the latter consideration would prevail in interpreting section 5 of the Punjab Laws Act, 1872 (in case it is applicable); which reads as follows:-- "S.5.--In questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be--
(a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished and has not been declared to be void by any competent authority;
(b) Leave to appeal accordingly is granted. Security Rs,5,000.
3. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.
4. The property in dispute shall not be alienated in any manner whatsoever by any party and status quo shall be maintained by all concerned during the I pendency of the matter in this Court.