Court stays transfer of lands to sons of ex-ruler of Dir

[ahlam1399]

Court stays transfer of lands to sons of ex-ruler of Dir

Order issued after only surviving daughter moves petition



PESHAWAR: A daughter of former ruler of Dir, the late Shah Jehan Khan, has challenged the provincial government’s order that ousted his daughters from the list of legal heirs and deprived them of legal right to inheritance in the property.

Nawabzadi Badshah Sultana, the only surviving daughter of the ex-ruler, filed a writ petition against the order of secretary Home and Tribal Affairs Department. The order was issued on May 2. It ousted the daughters of the late Nawab of Dir as legal heirs and distributed the property only among the sons of the former ruler.

A division bench comprising Justice Musarrat Hilali and Justice Qalandar Ali Khan on Wednesday suspended the provincial government’s order. It stayed transfer of lands of the deceased former ruler of Dir to his sons and other persons till the next order of the court. Abdus Samad Khan, counsel for the petitioner, submitted before the bench that first an order was passed on September 15, 1972 in which the ex-ruler’s entire property was transferred to his three sons only.

The lawyer said the daughters were totally ig**red as legal heirs of the late Nawab of Dir, which is against the law. He argued that the subordinate courts had earlier rejected the claims of the daughters of late Nawab of Dir. He said the petitioner then moved the high Court against the subordinate courts’ decisions. The high Court declared that the order on September 15, 1972 was passed by incompetent authority. It directed the secretary home to pass an appropriate order on the issue.

Abdus Samad, counsel for the petitioner, argued that **w an order was passed by secretary Home and Tribal Affairs in which the daughters were again ousted as legal heirs of the ex-ruler of Dir and all land property was to be transferred and distributed among the three sons of the late Nawab.

The Court stayed the distribution and transfer of the land of the ex-ruler and directed the provincial government to submit reply as to why the daughters of the ex-ruler of Dir were ousted from the list of legal heirs and deprived from the legal right of inheritance.

The bench fixed August 25 for the next hearing of the case.





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