Inheritance---Legal heirs---Classes---Plaintiff filed suit for her share of inheritance in the property of deceased nephew which was decreed concurrently---Validity---First sharers were to be ..............

 2018 YLR 2331

GHULAM HASSAN vs Mst. WASSO MAI (deceased).

Inheritance---Legal heirs---Classes---Plaintiff filed suit for her share of inheritance in the property of deceased nephew which was decreed concurrently---Validity---First sharers were to be allocated their shares in the inheritance and if there was no sharer or if after allocating share to sharers some property was left behind which would call residue then the same was to be transferred to the residuaries---If there was neither any sharer nor residuary then property was to be transferred to Distant kindred ---Distant kindred would be excluded in case there was any sharer or residuary---Normal share of mother was 1/6th share in the property of deceased in presence of his child or child of his son or where the deceased had two or more brothers or sisters or even one brother and one sister---Said condition did not exist in the present case and mother would not inherit her normal share but inherit her share as provided in special circumstances---Mother in special circumstances was entitled to inheritance of 1/3rd share in the property when there was no child or child of son of the deceased howlowsoever and not more than one brother or sister, if any, but if there was also a wife or husband and the father then only 1/3rd of what remained after deducting the wife's or husband's share---Deceased, in the present case, was unmarried---Mother, in circumstances, was entitled to inherit 1/3rd share in the property of deceased---Residue i.e. 2/3rd property was to be distributed among the residuaries---No heir in the first three categories of residuaries was available in the present case---Defendant would fall under fourth category as male descendant of true grandfather howhighsoever and he was entitled to inherit as a residuary---Paternal aunt would fall within the category of Distant kindred in circumstances---Plaintiff being from the category of Distant kindred was not entitled to inherit in presence of sharer and residuary---After allotment of 1/3rd share in the property to the mother as sharer the remaining 2/3rd share would vest in the defendant as residuary---Impugned judgments and decrees passed by the Courts below were set aside---