Law:

Section:

(a) Islamic Law-------Inheritance---Custom, applicability of---Land in dispute was not devolved upon original owner from his ancestors, but same was his self acquired property---Original owner died in 1942 leaving behind one son and two daughters; but mutation of inheritance was got sanctioned by the only son of deceased in his name without disclosing existence of two 'daughters of deceased as his legal heirs---Mutation in favour of son of deceased was challenged by two daughters of deceased 'claiming their inheritance rights in disputed land in accordance with Islamic Law of inheritance--Son of deceased had asserted that in the Mauza concerned custom was prevalent under which daughters of deceased were not entitled to get any inheritance from their father---Both Courts below concurrently found that land left by deceased being governed by custom, same was rightly sanctioned in favour of .son of deceased ---Validity--­Land in dispute being self acquired property of deceased Custom was not applicable to said property and Islamic Law of Inheritance was applicable to same---Regulation of inheritance was an automatic and mechanical process, which would come into play without interruption of any Court or any other Authority and land would devolve upon legal heirs of deceased upon his death and thus daughters of deceased would also be his legal heirs entitled to inheritance---.Concurrent of Court below were set aside and suit filed by daughters of deceased was decreed accordingly. Qaisar Khatoon and 11 others v. Maulvi Abdul Khaliq and others PLD 1971 SC 334; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Mst. Shahzadan Bibi and others v. Amir Hussain Shah PLD 1956 SC (Pak.) 227 and Aslam and others v. Kamalzai and others PLD 1974 SC 207 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Mutation---Inheritance---Revenue record of mutation could not deprive any heir of deceased owner of land from his ownership because mutations were not creator of any right or title in the property or to any land, as same were maintained only for fiscal purpose---To deprive an owner from the ownership of land, there must be an intentional…

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