Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)------ S. 4-Inheritance--Death of any son of daughter of propositus before opening of succession-Children of such son or daughter, if any, living at the time the succession opened, shall per stripes receives a share equivalent to share which such son or daughter as the case may be, would have received if alive.-[Muhammadan Law]. Yusuf Abbas and others v. Mst. Ismat Mustafa and others P L D 1968 Kar. 480 ; Sakhi Mohammad v. Ahmad Khan 1980 C L C 1006 and Kamal Khan alias Kamla v. Mst. Zainab P L D 1983 Lah. 546 ref. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)-West Pakistan Muslim Personal-Law (Shariat) Appli­cation Act (V of 1962), preamble-West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983), preamble--Muslim Family Laws Ordinance (VIII of 1961), Ss. 4 & 3(1)--­Question as to whether Amending Act of 1983 would make Act V of 1962 into a self-contained Code of law of inheritance in Pakistan and that being so, the non obstante clause in S. 2-A of Ordinance, 1983 would nullify effect of S. 4 of Muslim Family Laws Ordinance, 1961 despite its own non obstante clause in a part of S. 3(1) thereof-Question left to be examined in more detail in a fit and proper case when it comes before Supreme Court. (c) Constitution of Pakistan (1973)-- -- Art. 185(3)-Muslim Family Laws Ordinance (VIII of 1961), S. 4-Question as to whether it was not the intention of law-maker in S. 4 of Ordinance, 1961 to provide an opportunity of obtaining only Islamic Law shares, to the children of pre-deceased son or daughter of propositus and that intention was not to increase their Islamic law shares-Question left to be examined in more detail in a fit and proper case when it comes before Supreme Court. Kamal Khan alias Kamla P L D 1983 Lah. 546 ref. ORDER MUHUMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 18-11-1976 of the Lahore High Court ; whereby a Regular Second Appeal filed by the respondent-side which had arisen out of a case of inheritance, was allowed. One Atta Muhammad who died in 1944 was the last male holder of the land in dispute. He had two sons, Muhammad Hayat…

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