Gift depriving other legal heirs is invalid

Gift depriving other legal heirs is invalid
Islamic Law… Inheritance… gift(Hiba-bil-Iwaz)—disinheritance of legal heir due to disobedience—scope—plaintiff was deprived of his legal share from the inheritance due to disobedience and gift mutation was made in favour of defendants—suit filed by the plaintiff against the said mutation of gift was decreed concurrently— validity— plaintiff was deprived from the inheritance of his father due to disobedience to hold the impugned gift as valid has no sanctity nor on this sole object lawful heirs could be deprived from inheritance—Muslim owner could validly transfer his property only through the mode recognized by Islam and not otherwise— Muslim could gift away his property to anyone but in case transfer was made with intent to deprive the heirs of their of inheritance on the ground not recognized by law then same would be void— Impugned gift was made by the father in his life time in favour of defendants. i.e. daughter to deprive the son from inheritance on negative reason which was forbidden under the law— Object of donor in the present case was to deprive the plaintiff of his legal share in his property— findings recorded by the courts below with regard to plea of “aaQ” ( EXCLUSION FROM INHERTANCE) taken by the defendants were based on proper declaration that impugned mutation was invalid on that ground—impugned gift was Hibba-bil_Awez fro an amount of Rs.200,000 and plaintiff would be liable to return the said amount to the defendants—no other illegality or irregularity had been pointed out in the impugned judgment and decree passed by the court below… Revision was dismissed in circumstance.
2018 CLC 1535 Balochistan
2005 SCMR 135
PLD 2006 SC 15
2002 SCMR1938

LIMITATION OF GRANT AND REVOCATION OF SUCCESSION CERTIFICATE

LIMITATION OF GRANT AND REVOCATION OF SUCCESSION CERTIFICATE
Secession Act (XXXIX of 1925)
Section 372 and 383 — succession certificate, grant/revocation of — limitation period — no statutory period of limitation was provided for grant of any succession certificate under section 372 or its revocation under section 383 of the succession Act 1925 but even then it had to be availed within reasonable time.
2018 SCMR 762

No Necessary for every legal heir to appear before the court for succession

No Necessary for every legal heir to appear before the court for succession
Secession Act (XXXIX of 1925)
Section 372— inheritance—succession certificate, issuance of—scope— Not necessary for each and every legal heir to be properly represented and appear before the court to get a succession certificate— court on receiving such application had to issue/grant succession certificate in favor of all the legal heirs by considering and determining their respective shares by complying with the procedural requirement of law in such regard.
2018 SCMR 762