| Citation(s) |
|---|
| 1957 SLG 70 1957 SLD 70 1957 PLD 588 |
Lahore High Court
Second Appeal No. 256 of 1954 decided on 23rd May 1957, from the decree of the Court of Sardar Atta Ullah, Additional District Judge, Gujrat dated the 24th March 1954, affirming that of Gul Muhammad Qureshi, Civil judge 1st Class, Mandi Baha-ud-Din dated
A. R. CHANGEZ, J
Ghias Muhammad for Appellants. Said Akbar Khan for
Respondent (1)
Second Appeal No. 256 of 1954 decided on 23rd May 1957, from the decree of the Court of Sardar Atta Ullah, Additional District Judge, Gujrat dated the 24th March 1954, affirming that of Gul Muhammad Qureshi, Civil judge 1st Class, Mandi Baha-ud-Din dated
A. R. CHANGEZ, J
Ghias Muhammad for Appellants. Said Akbar Khan for
Respondent (1)
AKBAR and others
VS
Mst. RABIA BIBI and others
Law: West Punjab Muslim Personal Law (Shariat) Application Act, (IX of 1948)
Section: 2
West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)--- -----[as amended by Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951)], S. 2Gift made after passing of amending Act (XI of 1951) by widow having life interest under custom-Does not entire beyond her lifetime, even if validly made according to custom. A widow governed by custom and enjoying a life estate in the property of her husband made a gift of the property after the passing of the Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951) to her daughter. The reversioners challenged the gift saying that the gift could not entire beyond the lifetime of the widow even if she could make a valid gift of the property, according to custom. Held, that in view of the amendment of the Shariat Act of 1948 by Act XI of 1951, the widow, even if she was permitted by custom, could not have gifted the property so as to ensure beyond her lifetime and could not have passed a better title to her daughter than what she herself had possessed. Consequently, as soon as she died the gift came to an end and became inoperative. A widow holding a life estate can even now sell or mortgage the property if permitted by custom, but so far as gratuitous alienations are concerned namely, gifts and wills, she cannot take advantage of the customary rules. The amending Act of 1951 had not brought about any change in the character of the limited estate of the widow under custom. The result therefore was that other alienations were allowed to be governed by the customary rules as before, but the rule of Muslim Personal Law was made applicable to gifts and wills. Mst. Sardar Bibi v. Abdul Latif P L D 1956 F C 137 ; Bashir Ahmad and others v. Muhammad and others P L D 1956 Lah. 934 ; Mst. Shahzadan Bibi and others v. Amir Husain Shah P L D 1956 S C (Pak.) 227 and Abdullah v. Mst. Bakhto Mai P L D 1956 S C (Pak.) 321 ref. JUDGMENT A. R. CHANGEZ, J.-------The question raised in this second appeal is one of considerable importance and has not so far been the subject of any express decision. The facts bearing upon the question are no longer in controversy between the parties and…
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