Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--------S.2-A---Custom (Punjab)--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine whether it was Muslim Personal Law or Customary Law that governed the matter, in the facts and circumstances of case; whether the suit of plaintiffs was within time; and whether the circumstance that predecessor of plaintiffs was adopted by his ,uncle affected the situation in any way.--[Custom (Punjab)]. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-- ----S.2-A [added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XHI of 1983))--Succession prior to enforcement of Punjab Muslim Personal Law (Shariat) Application Act, 1948---Deceased Muslim having died before the enforcement of Act IX of 1948, when customary law was in vogue in matters of succession, would be deemed to have become absolute owner of land which he inherited from his father as if said land had devolved on him under Muslim Personal Law--Deceased's widow being only a limited owner could not have alienated by way of gift the property beyond her share under the Islamic Law of Inheritance as a widow--Such widow having alienated the entire property of her husband, which she was then holding as a limited estate, excess area alienated by her in favour of defendants was rightly given by Courts below to plaintiffs in accordance with their share according to Muslim Law. (c) West Pakistan. Muslim Personal Law (Shariat) Application Act (V of 1962)-- ---S.2-A [added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XII1 of 1983))--Limitation Act (IX of 1908), S.3-­Deceased Muslim dying before enforcement of Punjab Muslim Personal Law (Shariat) Application Act 1948, his property per force of Act V of 1962 as amended would devolve instantaneously on the heirs--Widow of deceased holding such property as a limited owner would be deemed to have held the property as a custodian and co-sharer on behalf of all the other heirs who were entitled under Muslim Law to inherit the property of deceased Muslim at the time of his…

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