Humayun Khan
PESHAWAR: Justice SM Attique Shah of Peshawar High Court (PHC) declared transferred of land from five sisters on unfair means/ fraudulent ways by accepting writ petition regarding deprivation of female from ancestral heirdom, on Tuesday.
The counsel Malik Shahbaz Advocate informed that the petitioners possessing 300 Kanals land in heirdom ancestrally at Mardan but their brothers named Ghani Rehman along with others had transferred the property on fake “Will” (Tamliq) as well as fraudulent transfer (Intiqal) of the land into their ownership.
The counsel argued that Civil Court has granted decision in favour of petitioners but Session Judge has favored with brothers’ plea in this regard while declared transfer of land is illegal and valid.
The counsel argued that petitioners pleaded for their heirdom as ensured by Shariah law while their brothers had transferred the property on fake ‘Will’ (Tamliq) and fraudulent (Intiqalat).
PHC has declared that respondent (petitioner’s brother) failed to established that his sister had transfer the property (300 Kanals land) to him neither proved ‘will’ (Tamliq) as guanine and ordered provision of heirdom to petitioners.
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