Legitimacy of Children..Inheritance—Parentage…Pakistan

 

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 child ren 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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