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| 2026 clc 557 Will |
— وصیت اور وراثتی حقوق کا اہم فیصلہ
🔹 📌 مقدمے کا پس منظر
🔹 📌 اپیلٹ کورٹ کا مؤقف
🔹 📌 ہائی کورٹ کا اصولی فیصلہ
🔹 📌 اہم قانونی نکتہ
🔹 📌 نتیجہ
Must read judgement.
2026]
Bahadur Golo v. Qaimuddin Golo
(Ali Haider 'Ada', J)
2026 C L C 557
[Sindh (Larkana Bench)]
Before Ali Haider 'Ada', J
BAHADUR GOLO and others ---Applicants
versus
QAIMUDDIN GOLO and others ---Respondents
557
Civil Revision Application No. S-113 of 2023, decided on 23rd October, 2025.
(a) Specific Relief Act (I of 1877)---
Ss.42, 8, 54 & 39---Suit for declaration, possession, mesne profit, permanent injunction, cancellation of document and partition---Islamic Respondents/plaintiffs law---Will deed---Legality---the claimed their share in ownership/inheritance of their ancestor---Applicants/defendants took a plea the a will deed had been executed in favour of their father qua the whole inherited property---Trial decreed the suit while cancelling the will deed and referring the matter to revenue hierarchy for partition---Appellate court upheld the findings of the trial court---Validity---Muslim may validly bequeath only up to one-third of his estate, and such bequest in favour of a legal heir shall not take effect without the consent of the remaining heirs after the death of the testator---Right to execute a will cannot be exercised to the detriment or exclusion of other legal heirs, as such a disposition would directly infringe upon their vested rights of inheritance---Co-owner or co-sharer cannot alienate or transfer more than his own entitlement in a joint property---Other legal heirs neither assented to the will nor accepted its validity, thus, the estate of the deceased was rightly ordered by the courts below to devolve upon all heirs under the principles of inheritance, rendering the alleged will deed. ineffective in law beyond one-third of the property---Trial court had already referred the matter to revenue authorities for effecting partition of the property in accordance with law, thus, once the jurisdiction of the revenue hierarchy had already been invoked through the judgment of the Trial Court, there remained no necessity for High Court to render any further findings on the question of jurisdiction or partition---Civil revision was dismissed, in circumstances. [pp. 562, 563, 564] B, C, D & E
PLD 1977 SC 220; 1968 SCMR 214; PLD 1989 SC 568; PLD 1986 Kar. 73; 2021 MLD 531; 2007 CLC 1790; PLD 1967 SC 200;
CLC