LAHORE: The Lahore High Court upheld decision of a civil judge who declared that “a person who assassinates his father is not entitled to inherit from the legacy of the deceased”.
The court passed these observations in a petition of one Muhammad Farooq and also set aside the judgment and decree of the appellate court issued in favour of his brother Muhammad Ayoub, who had murdered his real father.
The court held that it was established on record that the respondent committed murder of his father; hence, under section 317 of the Pakistan Penal Code (PPC) and as per Islamic Shariah, a patricide shall be excluded from the inheritance of his father whom he killed, himself.
The court said that the trial court rightly dismissed the suit of plaintiff whereas appellate court by committing misreading and non-reading of evidence, as well as, misapplication of law passed the impugned judgment & decree which suffers from patent illegality and irregularity.
According to the details the respondent committed murder of his father, Muhammad Ali, and a criminal case was registered under Section 302 PPC at police station Head Rajkan. After trial, the charge against him stood proved and he was awarded death penalty. During the pendency of the appeal, a compromise was affected between the parties and he was acquitted.
An inheritance mutation of Muhammad Ali deceased was incorporated in favour of his legal heirs excluding the name of the respondent on the ground for committing murder of his father.
He; therefore, filed a suit for declaration against the defendants and contended that the parties of the list are legal heirs and entitled to inherit from his legacy as per their respective shares.
A civil court passed order against him and hence he approached the appellant court and got relief.
The petitioner; therefore, approached the LHC and got set aside the decision of the appellant court.
Copyright Business Recorder, 2022
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