2020 PLD 269
SUPREME-COURTBookmark this Case
FAWAD ISHAQ VS Mst. MEHREEN MANSOOR
S. 5, Sched.---Transfer of Property Act (IV of 1882), S. 41---dower (mehr), recovery of---Property mentioned in Cl.16 of Nikahnama as dower for wife---suit for recovery of said property was filed by respondent-lady against her motherin-law and father-in-law without impleading her husband---Subject property was owned by the mother-in-law---Held, that mother-in-law was not a signatory to the Nikahnama nor had executed any other document agreeing to transfer the subject property---Mother-in-law had not permitted her husband, expressly or impliedly, to transfer the property in terms of S.41 of the Transfer of Property Act, 1882---Respondent made no attempt to ascertain that the father-in-law had the power to transfer the property---suit filed by respondent was dismissed with the observation that she could still claim from her husband any part of her dower which remained unpaid.
0 comments:
Post a Comment