The step mother claimed that her husband 'H' had given away all his property to her as mehr (dower) and she and her two children based this claim on a Meharnama, they had to prove that the Meharnama was executed by 'H'-

 2022 S C M R 13

Mst. HAYAT BIBI and others

Versus

ALAMZEB and others

(a) Islamic law---

----Inheritance---Legal heir or a third party laying exclusive claim to property---Burden of proof---On the death of a Muslim his/her property devolved on his/her legal heirs in accordance with the shares prescribed by Islamic Shari'ah and possession by any legal heir was deemed to be possession by all---If someone laid exclusive claim to the property, or to any part thereof, which was contrary to the shares as determined by Shari'ah, the burden to establish such claim rested on the one alleging it.

(b) Specific Relief Act, (I of 1877)---

----Ss. 42 & 54---Suit for declaration and permanent injunction---Inheritance---Step mother depriving her daughters from the estate of their father through a purported Meharnama (dower deed) and a Razinama (compromise)---Held, that since the step mother claimed that her husband 'H' had given away all his property to her as mehr (dower) and she and her two children based this claim on a Meharnama, they had to prove that the Meharnama was executed by 'H'---Admittedly, the two persons shown to be the attesting witnesses to the Meharnama purportedly did so when they were minors, and no explanation was offered why one was only 7 years old, and the other 16 years were called to attest it---Such fact raised serious doubts about the authenticity of the Meharnama and it appeared that it was manufactured to deprive the legal heirs of 'H' from their inheritance---Significantly, the Meharnama only surfaced after the filing of the suit---Meharnama also did not find mention in the subsequent Razinama which was purportedly prepared after a Jirgah was held---If the Meharnama did exist it would have been natural to show it to the members of the Jirgah who would have mentioned it in the Razinama---Burden to establish the execution by 'H' of the Meharnama lay upon the step mother and her children (respondents), who had failed to establish its execution, therefore, the Meharnama could not be relied upon and used to deprive 'H's' heirs from their inheritance---Furthermore out of the 20 signatories to the Razinama only one of them was produced to testify and his testimony did not accord with the contents of the Razinama---Razinama purported to be a compromise amongst the heirs of the 'H' but it was not signed by even a single one of his heirs---Even if for arguments sake it was accepted that a Jirgah was convened and decided matters relating to inheritance a Jirgah could not substitute its decision to what was prescribed in the Holy Qur'an---Since execution of the Meharnama and Razinama was not established, consequently, the suit filed by the appellants (daughters), who had been deprived of their inheritance, was decreed by holding that the entire estate of 'H' shall be distributed amongst his legal heirs in accordance with the shares as determined by Islamic Shari'ah---Appeal was allowed accordingly.