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

Section:

West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 3-Muhammadan Law heirs of last full owner existing at time of termination of limited interest of female entitled to be entered as new title-holders-Mutation.     ORDER   One Mst. Amina a resident of village Khurram District Lahore, died in 1957. She held a life interest in the immovable property in dispute under Customary Law. Succession thus opened out on her death and the Revenue Officer mutated the property in accordance with the provisions laid down in section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act. The Collector dismissed the appeal, but the learned Additional Commissioner interfered in revision as he held that even the succeessors of those heirs of the last full owner who did not exist at the time of the termination of the limited interest of the female, and had died earlier, were also entitled to succeed. This is obviously contrary to the provisions of they…