PESHAWAR: The daughter of former ruler of Dir late Shah Jehan Khan has challenged the provincial government 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 Thursday suspended the provincial government order. It stayed transfer of lands of deceased former ruler of Dir to his sons and other persons till 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 entire property was transferred only to his three sons. The lawyer said the daughters were totally ignored as legal heirs of the late Nawab of Dir, which is against the law.
He argued that the sub-ordinate 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 sub-ordinate 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 now 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 to be transferred and distributed among three sons of the late Nawab.
