Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A [as added by Punjab Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1.983)]---Muslim Family Laws Ordinance (VIII of 1961), S.4---Succession to the estate of widow of predeceased son of last male owner---Such widow succeeded to the estate of last male owner a: widow of his predeceased son on the strength of rule of representation recognised under customary law; and subsequently to the estates of two nephews of her husband collaterally, as a representative of her deceased husband---Widow, thus, succeeded to the three last male owners of land in question viz. her father-in-law and two nephews of her husband---Succession tit the estate of widow opened upon her death---Prior to the death of widow, S. 4, Muslim Family Laws Ordinance had taken effect giving right of succession to the children of predeceased son and daughter of propositus---Defendant being daughter of predeceased son and the widow would be entitled to inherit a share from the estate taken by widow on the demise of last male owner (her father-in-law)---Extent of defendant's share was however, dependent upon the personal law governing succession---Insertion of S. 2-A in Act V of 1962 by Ordinance XIII of 1983 substituted custom retorpsectively---Land in question, falling for distribution upon opening out of succession consequent upon the death of widow, would be divided in terms of Shariat Law supplemented by S.4, Muslim Family Laws Ordinance, 1961---Last full owners (deceased) having acquired agricultural land under custom prior to 15th March 1948, would be deemed to have inherited under Muslim Personal Law, their heirs would inherit in accordance with Muslim Law whether they were male or female heirs; widow holding life estate would act as a conduit so as to pass land in question, to heirs of last full owner/owners under Muslim Personal Law of inheritance---Enough material being not on record to finally determine as to the heirs to land in question, and extent of their shares therein, case was remanded for decision afresh in accordance with law. Muhammad Hussain and 3 others v. Alam…

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