Articles 42 and 54 of the Partition Act (IV of 1893), Articles 2 and 4 of the Declaration, Prohibition, Distribution suit, the original owner of the property left two sons who had an equal share in the property in the son of his father's deceased. One of his legal heirs died, namely, his widow, daughter and son's legal heirs filed suit against the deceased plaintiff / second son, declaration against the deceased and the other son, order of divorce and division. Did not pray for half of the residual property by the original owner, but claimed that the plaintiff was suing me for the trial. The plaintiff's claim of legal inheritance was declared in half because the property was a part of the property and the business was denied, the two sides appealed the trial court's order which the appellate court What was excluded under the defendant's legitimate claim is that half of the plaintiff's property was gifted by the defendant and his deceased brother. To the defendant's wife. Therefore, the question of a claim for a portion of the property was not valid. The two authorities below came to a unanimous agreement that the legal heritage in connection with this part of the property was owned by the original owner of the alleged gift. Are entitled. The property, which was the original document, did not present to the defendant to show that it was stated that this portion of the property was gifted to the defendant's wife by the son of the original owner. , To show that the claimant was not entitled. Defendants' claim for contributing to the entire building was denied and
Related judgments — Karachi High Court Sindh, 2012