Skip to main content

Will

By

1)      Will in favour of heir not valid unless consented by other heirs after death. NLR 1995 SCJ 679; PLJ 1996 SC 1087; 1999 SCMR 971.
2)      Unregistered will cannot create any right in favour of heir unless it is acted upon. NLR 1999 Civ 611. Shia law 1/3 income of property allowed to be deposited in profitable scheme till deceased of case. 2007 MLD 165.
3)      Bequeath would be void for want of assent of all legal heirs after the death of testator. 1997 CLC 2012.
4)      Once it was found that will was revoked, property distributed among heirs. 2001 CLC 1323. Oral will. 2735.
5)      Oral evidence that deed of revocation of will was cancelled not accepted. NLR 1997 Ac 767. Execution of will accepted, not interfered. 2004 SCJ 474.
6)      Will may or may not be in writing and may or may not be attested by witnesses. PLJ 1997 Lah. 255.
7)      A will cannot be made in favour of heir unless consented to after death. NLR 2000 CLJ 709. Scribe and stamp vendor not produced, will not prove. 2008 YLR 589.
 Bequest of more than 1/3rd cannot take effect unless all heirs’ consent to it after death. 2002 CLC 808. Forged will. 2004 SCMR 513.
8)      Will made by deceased in favour of non-heir would be effective even without consent of heirs of deceased. 2002 SCMR 1330.
Oral will in favour of driver admitted by legal heirs, mutation attested accordingly. 2007 SCMR 794.
9)      Bequest to one heir not valid unless other heirs consent. PLD 2003 Quetta 53.
Will deed have executed without consent of legal heirs not valid? 2008 CLC 47.

10)  Will, marzulmaut. 2003 MLD 185.

For more, you can consult omara.khan789@gmail.com or call +923123450006
Labels:

Comments

Post a Comment

Popular posts from this blog

When an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non-prosecution, stand revived

By
PLJ 2018 Islamabad 276 Present :  Miangul Hassan Aurangzeb, J. M/s. PANTHER DEVELOPERS--Petitioner versus ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD and 2 others--Respondents W.P. No. 977 of 2018, decided on 10.4.2018. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(9)--Constitution of Pakistan, 1973, Art. 199--Execution of lease agreement--Default in payment of rent--Violation of terms and Conditions--Eviction Petition--Dismissed for non prosecution--Application for restoration--Allowed--Tentative order--Struck off right of defence--Eviction Petition allowed--Appeal was dismissed--Determination--Direction to--It is well settled that when a suit is dismissed for non-prosecution, and an application for restoration is filed, Court/Tribunal can, while said application is pending, pass interim orders--It is also well settled that when an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non...
Post a Comment
Read more

2013 S C M R 587

By
Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more

Divorce is not possible during pregnancy

By
A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce. The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce. Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more