Law:

Section:

Rehabilitation and Resettlement Scheme (Punjab), Part 11, Paras. 46 & 46 (a)--Right-holders, dying before enforcement, of West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)-Inheritance--Mutation.   ORDER   This case relates to the inheritance of a refugee right-holder who is alleged to have died in India before migration took place. The Collector and the learned Additional Commissioner both held that paragraph 46 of the Rehabilitation Resettlement Scheme did not apply to this case as the right-holder in the land had not migrated to Pakistan and was thus not a refugee and for that reason succession to his immovable property would be governed by Customary Law. This question has been gone into at considerable length by the learned Judges of the West Pakistan High Court in Umar Daraz Ali v. Khurshid Ali (1). They were pleased to observe as follows: -   "At first sight the argument has an appeal but when analysed it has no force. If the land in relation to which mutations of inheritance are sanctioned by the Rehabilitation Authorities under Resettlement Scheme were situated in Pakistan, then certainly the provisions of the Shariat Act or paragraphs 46 and 46 (a) of the Scheme could not be made applicable to them. That, however, is not the case for the estates left by the deceased right-holders are situated in India over which…