Friday, 10 August 2012

Is brother entitled for Inheritance?

  Citation Name  : 2011  PLD  78     PESHAWAR-HIGH-COURT-NWFP
  Side Appellant : Maj. (Retd,) ABDUL AKBAR
  Side Opponent : Mst. MARYAM KHUSHBOO
                        Inheritance---Principle---Plaintiffs sought distribution of assets left by predecessor-in-interest of parties, who after his death, was survived by one daughter, one widow, one brother and two sisters---Suit was filed by brother of deceased on the ground that he along with sisters were also entitled to inherit legacy of their deceased brother---Validity---Under Islamic Law, as in all civilized system of law, child  was to follow the bed, that was the paternity of a child , born in lawful wedlock was presumed to be in the husband or the mother without any acknowledgement or affirmation of parentage of his part and such child  followed the status of father---Parties had entered into an agreement, therefore, High Court modified the judgment and decree passed by Trial Court and changed the shares of parties according to the settlement arrived at among themselves---Defendant was rightly declared to be legitimate child  of deceased and plaintiffs were his legal heirs and were entitled in his legacy according to Sharia---Judgment and decree passed by Trial Court was modified according to the settlement arrived at between the parties---Appeal was dismissed in. circumstances.

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