Law:

Section:

(a) Muslim Family Lakes Ordinance (VIII of 1961)-------S. 4---Succession---Heirs of predeceased children ---Entitlement--­Children of predeceased son or daughter are entitled to inherit the property of their grandfather on his death. Mst. Fazal Jan and another v. 2nd Member, Board of Revenue, N.W.F.P., Peshawar and 3 others PLD 1983 SC 53; Gul Muhammad v. Nemat Bibi and 8 others PLD 1998 Lah. 186; Muhammad Fikree and 3 others v. Fikree Development Comoration Ltd. and 8 others Ali v. Shahzullah Khan alias Shazullah Khan and 4 others 1993 CLC 545; Amir Afzal and 2 others v. Ghulam Haider PLD 1993 Pesh. 117; Mir Ahmad and another v. Fazal Elahi and another 1995 MLD 1583; Nizamuddin v. Faiz Muhammad PLD 1988 Lah. 321; Lainul Hassan Mian and others v. Mst. Khuwand Naka and others 1998 MLD 1857; Mst. Zainab v. ~ Kamal Khan alias Kamala PLD 1990 SC 1051 and Muhammad Hassan Musa and others v. Sardar Muhammad Javaid Musa 1995 CLC 51 rel. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 4---Succession---Provisions of S.4, Muslim Family Laws Ordinance, 1961, are not against Injunctions of Islam and hold good as valid law. Mst. Farishta v. Federation of Pakistan PLD 1980 Pesh. 47 rel. JUDGMENT This civil revision has been filed by the petitioners to call in question the judgment and decree dated 8-10-1988 passed by, the learned Additional District Judge, Muzaffargarh, whereby, the judgment and decree, dated 6-10-1987 passed by the learned Civil Judge, Alipur, dismissing the suit of the respondents, was set aside. 2. Briefly stated the facts of the case are that plaintiffs/respondents (herein) and instituted a suit for declaration that they are entitled to inherit the property of their predeceased mother Mst. Balqees, daughter of Muhammad Ismail, their maternal grandfather. They averred in the plaint that the said Muhammad Ismail was the owner of the property measuring 68 Kanals and 19 Marlas situated at Mauza. Khairpur Sadat, Tehsil Alipur, Khata No.818 (previous) and Khata.No.852/836 (resent) and mutation of inheritance No.4098 dated 31-1-1974 which was sanctioned in favour of the defendants/petitioners (herein) is illegal, ineffective and as a consequential…

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