Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-------S. 3---Limited estate---Muslim female, rights of---Limited estate in respect of immovable property held by Muslim female under the customary law was terminated under S.3 of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. (b) Islamic law--- ----Inheritance---Opening of---Inheritance of Muslim deceased opens at the time of death of Muslim owner of the property. (c) Custom (Punjab)-- ---- Limited estate, termination of ---Effect---After termination of limited estate, the property would devolve on the legal heirs of the original male owner of the property and every legal heir would be entitled to inherit his share as if the original owner had died then. (d) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 3---Transfer of total holding by widow as owner of limited estate--­Validity---Widow, as limited owner had no authority under law to transfer the total holding of the deceased owner. (e) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 3---Transfer of property by limited estate owner---Grievance of the plaintiff was that the widow of the deceased owner could not transfer the total holding as owner of limited estate---Trial Court decreed the suit in favour of the plaintiffs but the Appellate Court reversed the findings of the Trial Court and the suit was dismissed---Plea raised by the plaintiffs was that after the promulgation of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, the owner of limited estate could not transfer the property beyond her share--Validity---Limited estate had been extinguished by West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, and the legal heirs were declared entitled to their legal shares out of the property left by their predecessor-in-interest, the original owner---Widow being the limited holder of the property could not transfer the same to the defendants and after the termination of her estate, she was entitled' to the extent of 1/8th legal share---Alienation by the widow in favour of defendants to the extent of her legal share would…

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