Law: West Pakistan Muslim Personal Laws (Shariat) Act, 1962 

Section: 3,5

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----Ss. 3, 5---Muslim female holding limited estate---Devolution of property on the termination of life estate---Scope---Even where the last full owner had died prior to the commencement of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 (Act of 1962), the limited estate held by a Muslim female in relation to the said estate would be terminated and upon such termination, those persons would be entitled to the estate as would have been entitled under Muslim Personal Law (Shariat) upon the death of the last full owner and if any such heir had died in the meantime, his/her share would devolve in accordance with Shariah on such persons who would have succeeded him/her, if he/she had died immediately after the termination of the life estate---In order to provide certainty, the last full owner as provided in section 5 of the Act of 1962, appears to be the full owner whereafter the property does not devolve through inheritance. [pp. 1670, 1671] A, B (b) Islamic law--- ----Inheritance---Estate of issue less brother---Full sister, share of---In the absence of a child, a full sister is entitled to inherit 1/2 share in the property of her deceased Muslim brother. [p. 1672] C Saadullah and others v. Mst. Gulbanda and others 2014 SCMR 1205 ref. (c) Islamic law--- ----Inheritance---Estate of issue less Muslim---Residuaries---Full sister and descendants of true grandfather as competing residuaries---Perusal of para 65 of Principles of Mohammadan Law by D.F. Mullah and the Table of Residuaries annexed thereto showed that full sister is placed higher in the Table of Residuaries at serial No.6, whereas, descendants of the true grandfather how-high-so-ever are placed at serial No. 13 and below and thus, would not be entitled to inherit after being excluded by the full sister placed higher to them. [p. 1672] D Saadullah and others v. Mst. Gulbanda and others 2014 SCMR 1205; Muhammad Sharif v. Niamat Bibi 2021 SCMR 1355 and Para 65 of Principles of Mohammadan Law by D.F. Mullah ref. (d) Islamic law--- ----Inheritance---Legal heirs as co-owners---At the time the inheritance of a…

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