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HALEEMA versus SATTAR MUHAMMAD


Hereditary wife and a sister are dying on 14 8 50, so they will be inherited under Shariah law and not the custom courts failed to determine the original part of the deceased sister and also see It is not observed that the deceased also had a wife and it is not permissible for the widow to allow her sister and cousin some part of the property, while 1 / 4th of the property is divided between the deceased sister and cousin after the widow's share. To be divided and then their proper share according to the law of the parties' inheritance

1981 C L C 766

[Azad J & K]

Before Sardar Muhammad Sharif Khan, Actg. C J

Mst. HALEEMA AND ANOTHER‑‑Appellants

versus

SATTAR MUHAMMAD AND 2 OTHERS‑Respondents

Civil Appeal No. 9 of 1979, decided on 22nd April 1981.

(a) Civil Procedure Code (V of 1908)‑

‑‑ S. 100‑Second appeal‑Concurrent finding of fact‑Cannot be disturbed in second appeal‑[Finding of fact].

(b) Muhammadan Law‑‑

‑‑ Inheritance‑Deceased leaving wife and a sister‑Death occurring on 14‑8‑50 hence inheritance to be governed by Shariat Law and not by custom‑Courts below failing to determine actual share of sister of deceased and also not caring to see that deceased had also a wife and that share of widow bad to be excluded from consideration while allow ing portion of property to sister and cousin‑Held: After subtracting 1/4th of property as widow's share remaining property to be apportioned between sister and cousin of deceased and thence parties through them to have their due share according to law of inheritance.

S. Sardar Khan for Appellant.

Raja Sher Muhammad Khan for Respondents.

Date of institution 2 22nd February, 1979.

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