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

Section: 3A,3

(a) West Punjab Muslim Personal Law (Shariat) Applica­tion Act (IX of 1948), S. 3-A (as added by Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951))-Section badly drafted-Inapplicable in terms where legatee's interest liable to be determined otherwise than by death. Held, that section 3-A, added to the Shariat Act of 1948 by the amending Act of 1951 is badly drafted and is full of anomalies and absurdities, and its defects cannot be cured so as to make out a plausible interpretation which could be made applicable to a case in which a will provided two successive legatees and the legacy of the earlier legatee was determinable not necessarily by death but by an earlier event, e.g. remar­riage. The section is not applicable in terms to such a situation. Section 3-A is, however, intended only to provide for the situation that is created by the termination of the limited interest of a female under custom. (b) Muhammadan Law---Will-Whether successive legatees permissible. A Muslim governed by the Muslim law of succession can make a valid will in favour of more than one legatee in succession. Sardar Nasir Ali Khan v. Muhammad Ali Khan A I R 1932 P C 172 and Sardar Nawazish Ali Khan v. Sardar Ali Raza Khan 75 I A 62 ref. (c) West Punjab Muslim Personal Law (Shariat) Applica­tion Act (IX of 1948), S. 3-Applies to intestat esuccession ­Does not apply where course of succession already validly deter­mined by will. Section 3 of Act IX of 1948 was enacted to meet difficul­ties encountered in the application of N. W. F. P. Shariat Act and the Central Shariat Act of 1937 to cases of succession to limited owners. It does not apply where course of succession is already validly determined by a will. Where a will bequeathed half of the testator's property to his daughter and the remaining half to his widow, with the condition that should the latter remarry or commit adultery the property bequeathed to her would pass in full estate to the daughter or to her children. Held, that so far as the widow was concerned, succession to her own share of the testator's estate had two aspects. Till her remarriage she was the owner of the property under custom and the…

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