Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Muhammadan Law--Constitution of Pakistan (1973), Art.185(3)--Inheritance--Will--Leave to appeal arising out of inheritance suit was granted to examine the question that even if p the Will made in favour of plaintiff/respondent by deceased was proved as alleged what would be its effect vis-a-vis rights of petitioners/defendants and their predecessor-in-interest to inherit property of deceased. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 11962)-- ---S.2-A [as added by Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983), S.21--Punjab Muslim Personal Law (Shariat) Application Act (IX of 1983), S.3--Succession--Will--Last male owner who had inherited property under custom, before enforcement of Punjab Muslim Personal Law (Shariat) Application Act, 1948, died before that date viz. 15-3-1948-Will made by such deceased in favour of plaintiff, his nephew, would be deemed to be one under Muslim Law and that being so, would operate accordingly-­ Deceased/testator having died in 1947, when plaint iff/lagatee's father was alive, such legatee not being heir of testator would get one-third under the Will- Remaining two-third of testator's property would have to be distributed amongst his heirs according to Shariah shares. Abdul Ghafoor and others v. Muhammad Shari etc. PLD 1985 SC 407 rel. Muhammad Abdus Saleem, Advocate, instructed by Muhammad Aslam Chaudhari, Advocate-on-Record (absent) for Appellants. Zaki-ud-Din Pal, Advocate instructed by Ch. Akhtar Ali, Advocate-on­Record for Respondent No.l. Ex parte: Respondent No.2. Date of haring: 18th January, 1989. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against the judgment, dated 29th March, 1981, of the Lahore High Court; whereby appellants' revision in an inheritance case, was dismissed. The admitted pedigree-table relevant in this case is as follows:- Muhammad Ibrahim I Fattoo Ali Bakhsh Ghulam Muhammad Nabi Bakhsh (Last holder died in I 1947 issueless-Had (appellant/defendant side)made will in favour I of the plaintiff) Nathoo I (Died in 1960) I Son Noor Ahmed respondent/plaintiff and others I Defendants' side As would…

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