The Supreme Court (SC) has given sisters their due share in father’s property, after they have been deprived of it for over 38 years.
It is pertinent to note that the SC issued the ruling while hearing a petition filed by their brother against a high court order.
In a three-page order, Justice Qazi Faez Isa noted that it was deplorable that the appellant managed to manipulate and remain in possession of the property for such a long period, adding that out of the six sisters who filed suit against the fraud, only two survive.
He went on to state that it was a matter of great regret that the brother did not abide by the Islamic laws and deprived the legal heirs of their respective shares as prescribed.
A division bench of the SC comprising Justice Qazi Faez Isa and Justice Yahya Afridi in its order noted that the court examined the mutation wherein the acceptance of the gift by the appellant was not mentioned.
The bench said the burden to establish the gift lay upon the appellant, which the latter failed to discharge, adding that the fact that it was made by his father on the very day that he died makes it extremely suspect and unreliable.
The bench observed that it also came in evidence that Ghulam Haider, the father of the siblings, had transferred the gift to his son on May 3, 1983 – the very same day he passed away.
The gift mutation was assailed by six sisters of the appellant who filed a suit which was decreed and the appeal against the same was allowed on the ground that the suit was filed belatedly.
However, the well-reasoned judgment passed by the judge of the appellate court was set aside by the judge of the high court in the civil revision filed by the sisters.
The bench noted that since possession is with the appellant, execution has been filed.
“This is most unfortunate. First, retaining by fraudulent means the property and then compelling his sisters/their legal heirs to retrieve their God-ordained share by filing execution proceedings”, the order reads.
“Upon the death of a Muslim his/her legal heirs become the owners of the estate left by him/her and possession of any one of the co-owners is deemed to be the possession by all,” the order read.
“This coupled with the fact that the sisters themselves had filed a suit in their lifetime was sufficient to sustain it and the reason given by the learned Judge of the Appellate Court for setting aside the judgment of the Civil Judge was not sustainable, which was rightly set aside through the judgment. Neither the judgment of the Civil Judge nor that of the learned Judge of the High Court can be faulted”, says the order.
The court directed the District Collector Charsadda to implement the decision of the trial court, which was sustained by the Peshawar High Court and to endorse the names of the legal heirs of Ghulam Haider as per their respective shares prescribed by Islamic law.
It merits mention that the SC ordered to deliver possession to the respective parties within three months.
