Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--S. 2-A---Custom (Punjab)---Widow succeeding to the estate as limited owner on demise of her husband---Alienation of entire life estate by such widow---Legality--- Extent---Custom was the rule of inheritance when deceased male owner died in 1933 and his widow succeeded to estate as limited owner which was terminated on the enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 whereby estate in question, opened for succession amongst Shariat heirs of last full owner---Widow at the time of gift in 1964, was owner of 1/4 share in the estate left behind by her husband and residue had to go to residuaries (plaintiffs)---Gift by widow in excess of her Sharai share was, thus illegal and not binding on residuaries (plaintiffs). Suba v. Mst. Fatima Bibi 1992 SCMR 1721 rel. Mst. Zeenat Begum v. Mst. Iqbal and another PLD 1991 SC 427 ref. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A---Custom (Punjab)-- Gift by a widow as limited owner of the entire estate left by her husband after enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Validity---Gift by a life estate holder during continuance of her life estate being void ab initio was not binding on reversionaries entitled to inherit after termination of life estate. JUDGMENT WALI MUHAMMAD KHAN, J.-This petition for leave to appeal is directed against the judgment of the Lahore High Court, Rawalpindi Bench dated 15-4-1992 whereby his Regular Second Appeal No.23 of 1984 against judgment of the trial Court dated 6-12-1973 decreeing the suit of the plaintiff/respondent for joint possession to the extent of 3/4 share in the estate of Nadir Ali, the last full owner, and that of the appellate Court dated 1-12-1983 dismissing their appeal, was dismissed in limine. We have heard Syed Zia Hussain Kazmi, Advocate, for the petitioners and have perused the record of the case. Nadir Ali, predecessor-in-interest of the parties, was admittedly owner of the suit land and on his demise on 19-4-1933 Mst. Ali Begum (petitioner No.1) his widow succeeded to his estate…

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