Law: Acceding State (Property) Order, 1961

Section: 3

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

Section: 3, 5

Law: Constitution of Pakistan

Section: 199

(a) Acceding State (Property) Order, (P.O. No. 12 of 1961) S.3---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), Ss.3 & 5---Petitioners seeking inheritance rights as collateral successors of former Nawabs---Determination of entitlement---Federal government as competent authority to decide succession and distribution of property of former Acceding States, jurisdiction of---Jurisdiction of civil court to decide question of legal heirship, inheritance and succession---Exception---Brief facts were that the petitioners sought inheritance rights in the property left by the late Nawabs, not as direct legal heirs of late Nawab but as his collateral successors through previous Nawabs, thereby challenging order dated passed by the government---Following the promulgation of The Acceding State (Property) Order, 1961, the federal government became the competent authority to adjudicate questions of succession or distribution of property belonging to former Princely States---The federal government, acting under these provisions, examined the matter and rejected the petitioners claim---The background showed that the late Nawab, acceded to Pakistan in 1947 and a subsequent merger agreement in 1954 entitled him and his family to certain properties and allowances---Held: Collaterals or persons claiming to be legal heirs under S.3 of the 1961 Order had a right to approach the Federal Government for determination of their entitlement in accordance with Muslim Personal Law---Moreover, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 was to apply in all questions regarding succession where the parties were Muslims---There could be no legal impediment to the petitioners asserting their rights of inheritance under Muslim Personal law before the Government of Pakistan---In the present case, impugned order passed by the Federal Government failed to adjudicate upon the principal question of the eligibility or entitlement of the petitioners as legal heirs---Petitioners had claimed such entitlement based on their collateral relationship with the late Nawab, and in this regards, they were obligated to establish their genealogical linkage through…