Law: West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)

Section:

  Mutation-No mutation to be sanctioned on basis of decree which has ceased to be operative.   Gift-Limited owner- Whether can gift away property for good.   West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S.3-Properties, succession to which has not been finally decided, should be divided among heirs under Shariat.   ORDER   This case relates to the succession of Mst. Ahsan Bibl who held a life interest in the land in dispute after the death of her husband, Sher Muhammad in 1946. Sher Muhammad had left one son Sardar Muhammad, the petitioner and three widows, Lal Bibi, Ahsan Bibi and Rahm Elahi who were step-mothers of Sardar Muhammad, I need not go into the history of litigation regarding succession between the step-mothers and the son ; suffice it to say that the three widows remained In possession of certain areas with a life interest. Mst. Lal Bibi died in 1954 and both the parties have given me to understand that succession in respect of the area held by her did open out in accordance with the provisions of section 3 of the Muslim Personal Law Shariat Application Act, but the entire property was mutated in favour of the son. Mst. Ahsan Bibi died a short-time afterwards but before her death she had gifted away all the property held by her to her grand-daughter. Another fact to be considered is that the widows remained in possession of areas considerably in excess of what was finally compromised upon in civil litigation which ended in 1944. The compromise decree was thus not acted upon and no steps were taken to make it affective by the son Sardar Muhammad. Now that Mst. Ahsan Bibi has died Mutation No. 39 has been entered (sic) can sanctioned giving effect to the decree in the revenue records. This action of the Revenue Officer concerned was obviously wrong as the decree was no longer operative and one of the parties to the decree Mst. Ahsan Bibi was no longer alive. The Collector was, therefore, justified in permitting a review of this mutation.   The second question for consideration is in respect of the gift made by Mst. Ahsan Bibi in favour of her grand-daughter Le., daughter's daughter Mst.…