| Citation(s) |
|---|
| 1993 SLG 405 1993 SLD 405 1993 CLC 133 |
Lahore High Court
Regular Second Appeal No. 1289 of 1970, decision dated: 24-10-1992, hearing DATE : 10-10-1992
GUL ZARIN KIANI, J
Muhammad Munir Peracha for Appellant. Mian Inam-ul-Haq for Legal Heirs of
Respondents No. 1 and 2. Sh. Zamir Hussain for Legal Heirs of
Respondents Nos3 and 5
Regular Second Appeal No. 1289 of 1970, decision dated: 24-10-1992, hearing DATE : 10-10-1992
GUL ZARIN KIANI, J
Muhammad Munir Peracha for Appellant. Mian Inam-ul-Haq for Legal Heirs of
Respondents No. 1 and 2. Sh. Zamir Hussain for Legal Heirs of
Respondents Nos3 and 5
ZAMIR MUHAMMAD KHAN
VS
FATEH KHAN and 4 others
Law: Muslim Family Laws Ordinance, 1961
Section: 4
Law: Muslim Personal Law (Shariat) Application Act, 1962
Section: 2A,2,3,5
(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)- - ----Ss. 2, 2-A & 3---Muslim Family Laws Ordinance (VIII of 1961), S. 4--Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 3--Inheritance of land left by last male owner, who had died sonless and was governed by custom---Status of female heirs succeeding to the estate of last male owner---Widow of deceased; widow of his predeceased son and daughter of his other predeceased son succeeded to the estate in equal shares---On death of deceased's widow and marriage of the daughter of his predeceased son, the entire land left by deceased was mutated in favour of the widow of the other predeceased son---Succession of such estate would be deemed to have opened out on the termination of life estate held by widow of predeceased son on 31st December, 1962 in terms of S. 3 of Act V of 1962---Prior to the termination of life estate and opening out of succession, Muslim Family Laws Ordinance, 1961, had come into force on 15th July, 1961---Distribution of land left by last male owner would be divided in accordance with the provisions of Islamic Law of inheritance supplemented by S. 4, Muslim Family Laws Ordinance, 1961---Widow of a predeceased son or husband of a predeceased daughter would not be heirs because Muslim Family Laws Ordinance 1961, did not intend to disturb Islamic Law of inheritance, except to the extent indicated in S. 4, Muslim Family Law Ordinance, 1961. Females succeeding to the estate of last male owner being limited owners, succession would be deemed to have opened out on the termination of life estate held by female/females, on 31st December, 1962, in terms of section 3 of Act V of 1962. Prior to the termination of life estate and opening out of succession, Muslim Family Laws Ordinance, 1961, came in force on 15th July, 1961 Section 4 of the Ordinance created a legal fiction for benefiting the hitherto deprived class of heirs, who independent of it were excluded from inheritance on rule of propinquity of relationship. Section 2 of Act V of 1962, operated subject to the legislative rule in section 4 of Muslim Family Laws Ordinance, 1961. It gave right to…
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