Citation Name : 2009 CLC 137 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD RAFIQUE
Side Opponent : Mst. MUMTAZ AKHTAR alias ALLAH RAKHI
Inheritance---Parentage---Legitimacy of children of deceased challenged by their uncle---Proof--Uncle in his pleadings had been adding name of his deceased brother as father of children right from Trial Court upto Supreme Court---Uncle had not objected to parentage and paternity of children before attestation of mutation of inheritance in their favour---No evidence existed on record to show that children were born after divorce of their mother or she had been living in adultery---Uncle asserted that if children relinquished their right of inheritance, then he would accept and acknowledge them as legitimate children of his deceased brother---Such stance of uncle was against the principle of Fiqa---According to Sunni school of thought a child born after six months of marriage or within two years of its dissolution would be presumed to be a legitimate child of his father---Role of uncle to grab a small piece of land by dragging and harassing children of his deceased brother was totally unbecoming of a responsible and conscientious person---Uncle had not resorted to procedure of Liyan by swearing before Qazi that such children were Illegitimate and result of adultery---Deceased in his life time had neither challenged paternity of his children nor disowned them in any manner---Such children were legitimate and entitled to legacy and inheritance of their deceased father---Principles.
Side Appellant : MUHAMMAD RAFIQUE
Side Opponent : Mst. MUMTAZ AKHTAR alias ALLAH RAKHI
Inheritance---Parentage---Legitimacy of children of deceased challenged by their uncle---Proof--Uncle in his pleadings had been adding name of his deceased brother as father of children right from Trial Court upto Supreme Court---Uncle had not objected to parentage and paternity of children before attestation of mutation of inheritance in their favour---No evidence existed on record to show that children were born after divorce of their mother or she had been living in adultery---Uncle asserted that if children relinquished their right of inheritance, then he would accept and acknowledge them as legitimate children of his deceased brother---Such stance of uncle was against the principle of Fiqa---According to Sunni school of thought a child born after six months of marriage or within two years of its dissolution would be presumed to be a legitimate child of his father---Role of uncle to grab a small piece of land by dragging and harassing children of his deceased brother was totally unbecoming of a responsible and conscientious person---Uncle had not resorted to procedure of Liyan by swearing before Qazi that such children were Illegitimate and result of adultery---Deceased in his life time had neither challenged paternity of his children nor disowned them in any manner---Such children were legitimate and entitled to legacy and inheritance of their deceased father---Principles.
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