Can an uncle challenge the legitimacy of children.. This principle is discussed in the following judgment...
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 child ren
right from Trial Court upto Supreme Court---Uncle had not objected to parentage
and paternity of child ren before attestation of mutation of inheritance in
their favour---No evidence existed on record to show that child ren were born
after divorce of their mother or she had been living in adultery---Uncle
asserted that if child ren relinquished their right of inheritance, then he
would accept and acknowledge them as legitimate child ren 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
child ren 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 child ren were illegitimate and result of adultery---Deceased in his life
time had neither challenged paternity of his child ren nor disowned them in any
manner---Such child ren were legitimate
and entitled to legacy and inheritance of their deceased
father---Principles.
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