Law:

Section:

Constitution of Pakistan (1973)----Art. 185 (3)--West Pakistan Muslim Personal Law (Shariat) Application (Punjab Amendment) Ordinance (XIII of 1983). S. 2-A--Succession prior to Act (IX of 1948)--M dying prior to 1948, his widow, daughter and sister inheriting property left by deceased Collaterals challenged distribution of inheritance by filing a suit which was decreed in their favour--In appeal it was held, that in view of custom of parties, daughter was better entitled to -inherit--In second appeal, High Court taking view that M having died prior to enforcement of Act (IX of 1948) when still custom was applicable, he shall be deemed to have had acquired land from his own father under Muslim Personal Law (Shariat) Application Act and, therefore, his inheritance would be governed by same law--Decision impugned--View that Act had retrospective effect being not open to interference, thus was unexceptionable-­Petition for leave to appeal dismissed. Abdul Ghafoor and another v. Muhammad Shafi and other P L D 1985 S C 407 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 26-3-1986 of the Lahore High Court; whereby petitioners Regular Second Appeal arising out of a land inheritance, case, was dismissed. One Maula Bakhsh who owned the land in dispute died before 1948 leaving a widow Mehr Bano. The land was given to her as life estate. She remarried and the land then went to Mst. Gulab Bano an unmarried daughter of Mauls. Bakhsh. She married in 1954 whereupon mutation o inheritance of Maula Bakhsh was sanctioned in favour of the widow, daughter anal his sister. The petitioners who are collaterals of Maula Bakhsh contested…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492