AGL 40.21 Increased By ▲ 0.18 (0.45%)
AIRLINK 127.64 Decreased By ▼ -0.06 (-0.05%)
BOP 6.67 Increased By ▲ 0.06 (0.91%)
CNERGY 4.45 Decreased By ▼ -0.15 (-3.26%)
DCL 8.73 Decreased By ▼ -0.06 (-0.68%)
DFML 41.16 Decreased By ▼ -0.42 (-1.01%)
DGKC 86.11 Increased By ▲ 0.32 (0.37%)
FCCL 32.56 Increased By ▲ 0.07 (0.22%)
FFBL 64.38 Increased By ▲ 0.35 (0.55%)
FFL 11.61 Increased By ▲ 1.06 (10.05%)
HUBC 112.46 Increased By ▲ 1.69 (1.53%)
HUMNL 14.81 Decreased By ▼ -0.26 (-1.73%)
KEL 5.04 Increased By ▲ 0.16 (3.28%)
KOSM 7.36 Decreased By ▼ -0.09 (-1.21%)
MLCF 40.33 Decreased By ▼ -0.19 (-0.47%)
NBP 61.08 Increased By ▲ 0.03 (0.05%)
OGDC 194.18 Decreased By ▼ -0.69 (-0.35%)
PAEL 26.91 Decreased By ▼ -0.60 (-2.18%)
PIBTL 7.28 Decreased By ▼ -0.53 (-6.79%)
PPL 152.68 Increased By ▲ 0.15 (0.1%)
PRL 26.22 Decreased By ▼ -0.36 (-1.35%)
PTC 16.14 Decreased By ▼ -0.12 (-0.74%)
SEARL 85.70 Increased By ▲ 1.56 (1.85%)
TELE 7.67 Decreased By ▼ -0.29 (-3.64%)
TOMCL 36.47 Decreased By ▼ -0.13 (-0.36%)
TPLP 8.79 Increased By ▲ 0.13 (1.5%)
TREET 16.84 Decreased By ▼ -0.82 (-4.64%)
TRG 62.74 Increased By ▲ 4.12 (7.03%)
UNITY 28.20 Increased By ▲ 1.34 (4.99%)
WTL 1.34 Decreased By ▼ -0.04 (-2.9%)
BR100 10,086 Increased By 85.5 (0.85%)
BR30 31,170 Increased By 168.1 (0.54%)
KSE100 94,764 Increased By 571.8 (0.61%)
KSE30 29,410 Increased By 209 (0.72%)

LAHORE: The Lahore High Court upheld decision of a civil judge who declared that “a person who assassinates his father is not entitled to inherit from the legacy of the deceased”.

The court passed these observations in a petition of one Muhammad Farooq and also set aside the judgment and decree of the appellate court issued in favour of his brother Muhammad Ayoub, who had murdered his real father.

The court held that it was established on record that the respondent committed murder of his father; hence, under section 317 of the Pakistan Penal Code (PPC) and as per Islamic Shariah, a patricide shall be excluded from the inheritance of his father whom he killed, himself.

The court said that the trial court rightly dismissed the suit of plaintiff whereas appellate court by committing misreading and non-reading of evidence, as well as, misapplication of law passed the impugned judgment & decree which suffers from patent illegality and irregularity.

According to the details the respondent committed murder of his father, Muhammad Ali, and a criminal case was registered under Section 302 PPC at police station Head Rajkan. After trial, the charge against him stood proved and he was awarded death penalty. During the pendency of the appeal, a compromise was affected between the parties and he was acquitted.

An inheritance mutation of Muhammad Ali deceased was incorporated in favour of his legal heirs excluding the name of the respondent on the ground for committing murder of his father.

He; therefore, filed a suit for declaration against the defendants and contended that the parties of the list are legal heirs and entitled to inherit from his legacy as per their respective shares.

A civil court passed order against him and hence he approached the appellant court and got relief.

The petitioner; therefore, approached the LHC and got set aside the decision of the appellant court.

Copyright Business Recorder, 2022

Comments

Comments are closed.