Law:

Section:

(a) Registration Act (XV1 of 1908)-------S. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Will---Unregistered will---Hindu property---Petitioner was Indian national and claimed to be grandson of original owners of disputed property---Petitioner produced unregistered will in his favour, regarding disputed property made by the widow of the original owner---Will was not acted upon in Pakistan--­Validity---Unless will was duly acted upon in Pakistan same could not create any right in favour of petitioner. (b) Hindu Law--- ----Will---Essentials for acting upon---Will had to be proved, taken out and implemented---Elaborate procedure for such purpose existed which was neither followed nor any right was shown to have been established on the basis of will---Validity of will by the widow of original owner of property was also riot shown---Will was not proved in circumstances. (c) Hindu Law--- ---Will---Person an Indian national claiming ownership of property in Pakistan on the basis of will---Such person neither taking out nor getting alleged will implemented according to laws in Pakistan---Effect---Said person could not be said to be owner of property in circumstances. (d) Constitution of Pakistan (1973)--- ----Art. 172---"Ownerless" property and "heirless" property ---Distinction--­Vesting of property in Government---Such property was "ownerless" which vested in Provincial Government and not "heirless property". (e) Land Administration Manual-- ---- Para. 8---Constitution of Pakistan (1973), Art.172---Escheat of property--­Hindu property---Owner of disputed property did not migrate from Pakistan at the time of partition but legal heirs of owner migrated from Pakistan and got settled in India---Property was declared to be a non-evacuee---After the death of owner, property was declared to be escheated property---Such declaration of property was valid. (f) Civil Procedure Code (V of 1908)--- ----O. III, R.1---Power of attorney---Authority conferred upon Advocate under signatures of Special Attorney on Wakalatnama---Death of attorney ---Effect--­With the death of attorney, authority conferred upon Advocate came to an end. JUDGMIENT This…

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