| Citation(s) |
|---|
| 2016 SLG 2923 2016 SLD 2923 2016 YLR 2721 |
Board of Revenue, Punjab
R.O.R. No.1994 of 2011, decision dated: 23rd July, 2015.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Anwar Mubeen for Petitioners. Zahid Ameen for
Respondents.
R.O.R. No.1994 of 2011, decision dated: 23rd July, 2015.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Anwar Mubeen for Petitioners. Zahid Ameen for
Respondents.
BASHIR ALAM and others
VS
MARTHAN and others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)---.--- ---.---S. 20---.---Succession Act (XXXIX of 1967), S.164---.---Inheritance---.---Entitlement of female descendant to inherent legacy of deceased (Christian) allottee of land---.---Land was allotted (to Christian) predecessor-in-interest of the parties---.---Petitioners, who were sons of deceased, got sanctioned inheritance mutation in their favour, depriving, the daughters of the deceased allottee---.---Deputy District Officer (Revenue) accepted the appeal and set aside impugned mutation---.---Section 20 of Colonization of Government Lands (Punjab) Act, 1912 provided that allotment in question was inheritable and was to be distributed among the successors of the deceased according to law---.---Contention of the petitioners was that case had wrongly been treated as case of succession---.---Petitioners contended that case of succession be dealt under Christian custom of succession, whereby only male offspring was entitled for succession of the deceased---.---Validity---.---Customary succession, so far as Christians were concerned, was altered by Succession Act, 1925, which also abolished custom in Punjab for the Christians---.---Christian female was allowed to inherit in presence of the male heirs---.---Succession Act, 1925, by statutory dispensation had determined the mode of succession, when a Christian male died, neither the custom nor any other law would be applicable---.---Both male and female offspring were entitled for succession of the deceased---.---Impugned order was quite lawful, which needed no interference---.---Order accordingly. PLD 1992 SC 385 rel. THIS ORDER PASSED BY: WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III).---.--- This revision petition has been taken up as a consequence of judgment dated 21.01.2014 passed in Writ Petition No.9666/2013 titled Bashir Alam etc. v. MBR etc. whereby order dated 18.07.2013 passed by this court was set aside and the case was remanded to this court for decision afresh. 2. Arguments heard and record. 3. Learned counsel for the petitioner argued that mutation No.599 was rightly sanctioned by the revenue officer according to section 20 of the CGLA,…
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