SADIQ ALI and another vs Mst. ASIA BIBI
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had dismissed the petitioners' Regular Second Appeal regarding an inheritance dispute. The core legal question concerned the entitlement of a granddaughter to inherit from her grandfather, Fareed, whose son (the granddaughter's father) had predeceased him. The petitioners, the grandfather's surviving son and daughter, had initially excluded the respondent from the inheritance mutation. The respondent successfully challenged this exclusion in civil court, obtaining a decree that was upheld through the appellate stages. The Supreme Court examined the claim and affirmed the concurrent findings of the lower courts, which established that the respondent was indeed the daughter of the predeceased son. The Court held that the respondent was entitled to inherit from her grandfather under the provisions of the Muslim Family Laws Ordinance. Consequently, the Court found no grounds for interference with the concurrent findings of the lower courts and dismissed the petition, thereby upholding the respondent's right to inheritance as a granddaughter of the deceased.
- Is a granddaughter entitled to inherit from her grandfather if her father predeceased him?
- Do civil courts have the jurisdiction to adjudicate inheritance claims arising under the Muslim Family Laws Ordinance 1961?
- Muslim Family Laws Ordinance 1961
ORDER
1. ' JAVID IQBAL, J.--This petition for leave is directed against the judgment of the Lahore High Court, Multan Bench, dated 7th June, 1983 whereby the Regular Second Appeal of the petitioners was dismissed.
2. ' Briefly the facts are that the common ancestor of the parties namely Fareed died on 19th March, 1972. He had two sons namely Sadiq All petitioner and Khurshid (predeceased), and a daughter Mst. Imam Sain petitioner. The respondent Mst. Asia Bibi is daughter of Khurshid. On the death of Fareed, his estate devolved on the petitioners and consequently mutation to that effect was sanctioned on 3rd April, 1974. The respondent applied for review of that mutation on the ground that she was grand-daughter of Fareed and therefore, entitled to inheritance from him. But her application was rejected by the Collector. She then brought a suit which was decreed. The judgment and decree in her favour were upheld by the appellate Court and subsequently Regular Second Appeal of the petitioners also failed. Hence the present petition.
3. ' It was argued by learned counsel before us that the right created in favour of the respondent by the Muslim Family Laws Ordinance, did not create a forum where it could be claimed. But on being told that the civil Courts including the Supreme Court were the forum, he had nothing substantial to submit. The concurrent finding of the Courts below based on evidence on record is to the effect that the respondent is the daughter of the predeceased son of Fareed, and hence she is entitled to inheritance from him in accordance with the law. In the light of the above discussion no case is made out for interference. The petition is therefore, dismissed.