ZIAUL HAQ And Others vs Mst. AHMADI BEGUM And Other
This petition for leave to appeal arises from a civil revision dismissed by the Lahore High Court, which had upheld the concurrent findings of the trial court and the appellate court regarding a suit for declaration challenging a gift deed and subsequent mutations. The petitioners challenged the inheritance distribution of the deceased, Attaul Haq, as determined by the Additional District Judge. The core legal question before the Supreme Court is whether the lower courts correctly calculated the inheritance shares of the deceased's legal heirs under Islamic law. The Supreme Court, upon hearing the petitioners' counsel, identified a potential error in the distribution of shares, specifically noting the discrepancy between the lower courts' calculation and the principles of inheritance under Muhammadan Law as outlined by D.F. Mullah. Consequently, the Court granted leave to appeal to finally determine the correct distribution of the inheritance shares, while directing the parties to prepare the appeal on the existing record and allowing for the filing of additional documents.
- What is the correct distribution of inheritance shares for a deceased person survived by a widow, mother, and father under Muhammadan Law?
- Does a miscalculation of inheritance shares by lower courts constitute a valid ground for granting leave to appeal?
ORDER
1. S. USMAN ALI SHAH, J: --The petitioners seek leave to appeal against the order of the Lahore High Court, Lahore dated 22-9-1986, whereby their civil revision against the order of the Addl. District Judge, Gujranwala dated 24-1-1985, was dismissed.
2. A suit was instituted by the petitioners against the respondents for declaration with consequential relief, challenging the gift deed dated 10-3-1961 and the order of the Addl. Commissioner dated 10- 6-1966 and that of the M.B.R. Dated 8-5-1967 and subsequent Mutations Nos.29 to 32 and 95 including the sale-deed dated 3-2-1973. The respondents resisted the suit and on the pleadings of the parties the learned Civil Judge framed 14 issues and after hearing the parties in support of their respective claims vide his order dated 4-9--1984 dismissed the suit of the plaintiffs/petitioners. In appeal before the Additional District Judge the order and decree passed by the trial Judge was upheld except to the extent of issue No.11 on which the learned Additional District Judge observed that the learned trial Judge omitted to give correct finding on this issue and the inheritance of Attaul Haq should have been distributed amongst his legal heirs as under:-- Ahmed Ali Khan (deceased) Father =7/12th Mst. Amatul Batool Mother =1/6th Mst. Ghias Begum respondent No.8 Widow =1/4th Being aggrieved with the order of the appellate Court dated 24-1-1985, the petitioners went in civil revision before the High Court which was dismissed vide impugned judgment. Hence this petition for leave.
3. After hearing the learned counsel for the petitioners at some length, we have pointed out that the question for consideration in this petition is to examine the correctness of the distribution of shares as a result of the death of Attual Haq. The learned counsel has drawn out attention to the relevant portion of the chart of inheritance under the Muhammadan Law by D.F. Mullah which lays down as under:-- Widow 1/4 Mother1/4 (=1/3 of 3/4)
4. Father 1/2 (as residuary)
5. The learned counsel urged that the calculation made of the shares in the inheritance of the deceased by the Courts below is incorrect. Security Rs.5,000.
6. Leave to appeal is granted for final determination of this point.
7. Appeal is to be made ready on the present record with direction to the parties to file additional necessary documents, if they, so desire. The petitioners may file a fresh application for the grant of limited stay.