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MST. AQSA SABIR versus DR. SAJJAD HUSSAIN

Section 4 Civil Procedure Code (v. 1908), O. VII, R 11 Succession Trial The trial court's hearing dismissed the trial court's motion to dismiss, but the appellate court ruled on the merit for this case. Remanded. Living at the death of X, (his mother), Y will inherit with his brother (defendant) 1/2 share of his mother but he can give his daughters on this part of his property as It was permissible that the surviving children of the Islamic law cannot inherit more than 2/3 of the surviving child's property because he had no son but only daughter and the remaining 1/3 of the child himself. Can return to the collateral. To the extent that the Islamic share of his father's estate was Islamic, it was estimated that he was alive at the time of his mother's death and Y's death was only after his mother's death. The appellate court had sought remand if it was illegal and did not face any type of irregularity or scope defect.

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