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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