Estate of Muslim relative: LHC says non-Muslim not entitled to inherit any share

LAHORE: The Lahore High Court (LHC) held the other day that a non-Muslim is not entitled to inherit any share from the estate of his Muslim relative as successor or predecessor.

The court passed this order in response to a petition of Tariq Mehmood, the son of Ghulam Qadir, who was converted to become a Qadiani.

Natho who was Muslim by faith owned land measuring 83 Kanal in Gojra. After his death, the property was devolved upon his sons Ali Muhammad, Abdul Rehman, Ghulam Qadir, and daughters Mst. Fatima and Mst. Noor Bibi.

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The respondents, Fateh Muhammad, etc. being Muslim grandson of the deceased Natho challenged the mutation to the extent of Ghulam Qadir, stating that Ghulam Qadir was a Qadiani by faith; hence he could not inherit the property from the estate of his deceased Muslim father.

Tahir Mehmood, the son of Ghulam Qadir admitted during the cross-examination that his father was Qadiani and was buried in Chanab Nagar.

The lower courts; therefore, passed the orders in favour of the respondents Fateh Muhammad, etc.

The petitioner challenged the orders of the low courts before the LHC.

The court observed that in British Rule, the Personal Laws of the respective communities dwelling in India were protected through promulgation of legislated law.

Similarly, the Muslim Personal Laws were also made applicable to the Muslims through the Muslim Shariat Application Act, of 1937, the court added.

The court said thereafter Shariat Application Act, 1948 was also promulgated which also affirms the application of Muslim Personal Law (Quran & Sunnah) upon the Muslims.

This concise and considered view is that the canon of the Quran and Sunnah are applicable to the inheritance of the estate of a deceased Muslim. Hence a non-Muslim is not entitled to inherit any share from the estate of his Muslim relative as successor or predecessor, the court observed.

The court commenting on the retrospective effect of the provisions of Article 260 (3) of the Constitution of 1973 observed that the said amendment simply affirmed the Qadianis as non-Muslims and declared the position as it existed under Shariat; as such the said amendment being declaratory operates retrospectively.

While dismissing the petition the court observed that the concurrent findings of fact are against the petitioners which do not call for any interference by this court in exercise of its jurisdiction.

The court also said that the counsel for the petitioners has not pointed out any illegality or material irregularity in the impugned judgments and decrees passed by the courts below and has also not identified any jurisdictional defect.

The trial court rightly decreed the suit of the respondents which decision was lawfully upheld by the appellate court, the court concluded.

Copyright Business Recorder, 2024