Law:

Section:

(a) Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)-----S.3-A (as amended by Punjab Muslim Personal Law (Shariat) Application (Amendment) Act XI of 1951)---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S.2-A (as inserted by Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), Art.185 (3)---Leave to appeal was granted to consider the operation of S.3-A of the Punjab Muslim Personal Law (Shariat) Application Act 1948 as amended by Punjab Act XI of 1951 and that of S.2-A of the West Pakistan Muslim Personal Law (Shariat) Application Act 1962 inserted by Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance 1983; (b) Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)-- ---S.3-A [as inserted by Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951)]---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) S.2-A [as inserted by Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)]---Last male owner's will, providing for two legatees succeeding his property one after the other---First legatee died in 1957 after the insertion of S.3-A in the Punjab Muslim Personal y Law (Shariat) Application (Amendment) Act 1951---By operation of law, property left by last male owner thus would devolve on the heirs of the testator under the shariat as they would have inherited the property had the testator died intestate---Last male holder under the provisions of S.2-A of Act V of 1962, was competent only to make a will of 1/3 of his property, the remaining devolving on his Muslim Law heirs---Legatee was thus allowed to get 1/3 of the property under the will and the rest 2/3 of the property would devolve on the heirs of last male holder---Appeal accepted. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the judgment of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 29-4-1987. 2. Land measuring 92 kanals 2 marlas bearing Khasra Nos. 124-min west, 1638/131-min west, 132-min west, 1638-1-min east, 132-(nin east, 2477/128,…

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