Law:

Section:

Islamic Law--- ----Inheritance---Distant kindred---Distant kindred inherit only when there are no sharers or residuaries---If a sharer or residuary exists, the distant kindred are completely ousted from the inheritance---Principles. The distant kindred inherit only when there are no sharers or residuaries. If a sharer or a residuary exists, the distant kindred are completely ousted from the inheritance. In the present case the donor was the real sister of the man who died issueless She would. therefore, inherit 1/2 share in the property of her brother as sharer and as of her own right. As the sharer is in existence and as in the presence of sharer no distant kindred is entitled to inherit, the entire residue under the Principle of Return (radd.), would revert to the sharer. The entire property of the deceased would go to the sister. She was original owner of the entire property which got transferred through registered gift deed. The distant kindred being not entitled to inherit at all, any share granted to them was unwarranted. Principals of Mahomedan Law by D.F. Mullah, para. 67 ref. ORDER SARDAR MUHAMMAD RAZA KHAN, J.---Filed by the same party against a common judgment between the same parties, both will be disposed of through this judgment. 2. Without referring to the lengthy details already given in our judgment under review .as well as that of the High Court, suffice it to mention that we were `confronted with the devolution of inheritance qua the property that originally belonged to one Najo survived by his son Abdul Ghafoor and Mst. Roshanai. After the death of Abdul Ghafoor the property happened to be possessed by Mst. Roshanai as limited owner. 3. We have already held that after the termination of limited estates through West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), Mst. Rohsanai transferred the entire property in favour of Abdul Khaliq etc., petitioners through registered gift-deed dated 28-4-1964. Fazalur Rehman etc., respondents in their capacity as the collaterals filed a suit claiming their shari share. The learned trial Court dismissed the suit; the learned First Appellate Court and the learned High Court granted them a…

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