This is yet another classic case of brothers’ depriving their sisters of their inheritance, and did so for decades. The frivolous litigation initiated by them was undoubtedly encouraged by the fact that substantial costs were not ...........

 This is yet another classic case of brothers’ depriving their sisters of their inheritance, and did so for decades. The frivolous litigation initiated by them was undoubtedly encouraged by the fact that substantial costs were not imposed on them for putting forward an untenable claim. And, because the revenue authorities were not directed to ensure that the shares of all the legal heirs are recorded and no legal heir is deprived of his/her share. The brothers deprived their sisters share in the inheritance of their father and filed a baseless case and then dragged it out over decades, which has eventually come before this Court, the fourth and last court in the hierarchy. Precious court time has been wasted. It is intolerable to deprive vulnerable persons and females of their legal rights.

This petition should never have been filed because it proposes to undo Shariah and law. Therefore, leave to appeal is declined and this petition is dismissed with costs in the sum of five hundred thousand rupees, to be paid by the petitioners, which they should deposit with the concerned revenue authority within three months and such authority shall distribute the same amongst those who have been deprived. If the said amount is not deposited it shall be recovered as arrears of land revenue and distributed in like manner. The revenue authorities are further directed to ensure that the estate of late Shah Jehan is distributed amongst all his legal heirs in accordance with their shares prescribed by Shariah. Copy of the order passed today be sent to the concerned revenue authorities who shall submit compliance report to the Member, Board of Revenue.

C.P.L.A.284-P/2012
Bakht Biland Khan & others v. Zahid Khan & others