Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)------ Ss. 3 & 4-Life estate, termination of- Legislature did not intend to reopen inheritance even in cases of heirs taking absolute vested estate under custom-Limited estates taken under custom (such as were to terminate on death or marriage of female heir) alone intended to be distributed according to Shariat-Person having already succeed­ed to more than his share in his father's estate not disentitled to further share in estate of his mother held as limited owner. JUDGMENT MUHAMMAD YAQUB ALI, J.-This appeal by special leave of the Court involves interpretation of section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act V at` 1962 which provides as under:--- "3. Termination of life estate under Customary law.-The limited estates in respect of immovable property held by a Muslim female under the customary law, are hereby terminated." One Shamat of village Yaqubi, Tehsil Swabi, District Mardan, who owned the suit land died in 1927 leaving him surviving a son, Munjawar respondent No. 1, a widow Mst. Bibi Khanam, appellant No 3 and three daughters, Mst. Zarmina and Mst. Qismata, appellants Nos. 1 and 2 and Mst. Shahzadgai, respondent No. 2. The family of Shamat was in the matters of succession governed by Customary law. In accordance with the rule then prevailing in the N-W F. province 1\2 of the estate of Shamat was mutated in the name of Munjawar and the other in the name of Mst. Bibi Khanam. With the enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) the limited estate of Mst. Bibi Khanam came to an end. A dispute, thereupon, arose between the aforementioned heirs of Shamat as to whether Munjawar, who had already succeeded to more than his Quranic share in the estate of his father was also entitled to a state in the land held by Mst. Bibi Khanam as a limited owner. The Courts below held that succession under Muslim Personal Law (Shariat) Application Act V of 1962 was confined to the limited estate held by Mst. Bibi Khanam and out of it she, as a widow, was entitled to 5/40 share, Munjawar, as a son 14/40 share and Mst. Zarmina,…

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