Law:

Section:

Muhammadan Law-- Will-Custom-Will made by widow of deceased brother of plaintiff in favour of brothers of her deceased husband purporting to bequeath in their favour entire land inherited by her from her husband as a limited owner-Widow being only a limited owner, held, not empowered to transfer property even by way of testa­mentary alienation- [Ghulam Muhammad Shah v. Fateh Muhammad Shah P L D 1950 B J 9 held overruled]. Ghulam Muhammad Shah v. Fateh Muhammad Shah P L D 1950 B J 9 held overruled. Ghulam Muhammad Shah v. Fateh Muhammad Shah P L D 1955 F C 1 and Said and others v. Fazal Hussain and others P L D 1959 S C (Pak.) 356 ref. Ch. Mushtaq Ahmad Khan, Advocate and Syed W.ajid Hussain, Advo­cate-on-Record for Petitioners. Muhammad Nazar Khan, Advocate-on-Record for Respondents. Date of hearing : 17th June, 1981. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment, dated 24th March, 1981. of the Lahore High Court ; whereby a civil revision filed by the petitioner arising out of a land dispute was dismissed. Mst. Nazar Bibi widow of Haider Ali deceased brother of the plain­tiffs (petitioners) made a wilt in 1935 in f4vour of the brothers of her deceased husband purporting to bequeath in their favour the entire land which she had inherited from Haider Ali as limited owner. She died in 1951. The Revenue Authorities, however, did not give effect to the will and decided the question of inheritance to the property held by htst. Nazar Bibi in accordance with the provisions of Muslim Personal Law (Shariat) Application Act, 1948. They mutated 1/4th of the land held by Mst. Nazar Bibi in favour of her own brothers and sisters (respondents) and the remaining 3/4th its favour of the heirs of her deceased husband. A suit filed by the heirs of Haider Ali on the basis that they could retain the property under the will and in any case on account of adverse possession was dismissed by the trial Court. Their appeal and subse­quently revision in the High Court having been dismissed, they have now sought leave to appeal. All the learned Courts below have held that Mst. Nazar Bibi being a limited owner could not through a will deprive her heirs of her…

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