Law:

Section:

Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act (VI of 1935)--- ----Ss. 2 & 3----West Pakistan Muslim Personal Law (Shariat Application) Act (V of 1962), S. 2---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Inheritance---Limitation---Right of cousins in legacy---Permissibility---Son inherited whole legacy of father under custom/Riwaj to the exclusion of his mother---Validity---Mother's right in legacy of her son who had died issueless and had no brother or sister---Determination---Application of Muslim personal law---Scope---Defendant had inherited suit property from her husband and his son, who had died issueless---Plaintiff filed suit claiming that he, being first cousin of said son, was also entitled to inherit from suit property under prevailing custom as Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act, 1935 was not applicable at the time of opening of inheritance---Trial Court dismissed the suit, whereas, appellate court decreed the same holding that defendant was entitled to one sixth share in inheritance of her son and sale by her beyond the said share was invalid and remaining suit property was reverted to plaintiff as reversionary from legacy of the son---Validity---When present suit was filed West Pakistan Muslim Personal Law (Shariat Application) Act, 1962 was in field---Under S. 2 of West Pakistan Muslim Personal Law (Shariat Application) Act, 1962, all questions regarding succession etc. would be decided under said law in cases where parties were Muslims---Under S. 3 of Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act, 1935, where question relating to succession upon death of Muslim arose in any court, and where such death took place before said law, rule of decision would be according to Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act, 1935, as if said law was applicable at time of death---No limitation would run against co-sharer---Mother would get one third when there was no child from deceased son---Son haing died issueless and had no brother or sister, mother would get one third share out of his legacy instead of one sixth---After death of defendant's…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492