Page 1 The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962) 11/21/2013 8:36:10 AM http://nasirlawsite.com/laws/pmpl1962.htm Updated: Saturday November 10, 2012 / AsSabt Thoul Hijjah 26, 1433 / Sanivara Karthika 19, 1934 , at 06:36:56 PM [1] [1] The Punjab/Sind/N.W.F.P./Baluchistan Muslim Personal Law (Shariat) Application Act, 1962 (V of 1962) An Act to consolidate and amend the provisions for the application of Muslim Personal Law (Shariat) in the Province of Punjab/Sind/N.W.F.P./Baluchistan. Preamble. Whereas it is expedient to consolidate and amend the provisions for the application of Muslim Personal Law (Shariat) in the Province of Punjab/Sind/ N.W.F.P./Baluchistan. It is hereby enacted as follows:--- Court Decisions Preamble. Limited estate acquired by issueless widow under custom. Termination. Limited estates in respect of immovable property acquired by Muslim females under custom stood terminated with effect from 31.12.1962. Special tenancy of limited character in favour of widow. 1993 C L C 2058 Leave to appeal granted to examine whether-by virtue of Punjab Shariat Application Act (V of 1962) as amended by Ordinance (III of 1983) on death of predecessor-in-interest of the petitioner his estate would not be distributed in accordance with Muslim Law of Inheritance; and, what is the effect of respondent's adoption as a son by him in 1936; and further, as to what would be the effect of previous decree. 1989 SCMR 96 Legislative and historical background traced with reference to other relevant laws on the subject. P L D 1985 S.C. 407 Custom (Punjab)--Leave to appeal granted to consider questions (i) as to what was the effect of a matured adverse possession against a widow who under the custom, on the death of her husband, was entitled only to a life estate, but certain persons occupied that land adverse to her aforesaid life or limited estate; (ii) if by adverse possession the reversioner would acquire only that life interest /estate, which the widow had or could have had, then after the death of the widow or termination of all life estates under law, would West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. apply to the aforesaid adversely occupied estate; (iii) it was generally stated that a female limited owner does not represent the estate for the purpose of limitation, and that adverse possession against the female does not affect reversioners right to recover possession within 12 years of the death of the
36
Embed
The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (v of 1962
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
female under S.141, Limitation Act, 1908 as laid down in AIR 1929 PC 166, it needs
examination as to what was the effect of the law on the point otherwise; and (iv)
whether in the facts and circumstances of the case, was the possession of the
defendants/ respondents really adverse as found by the High Court. 1988 S C M R
1696
The Transfer of Property Act, 1882 did not apply to Province of Punjab, the transfer
or surrender of reversionary rights were valid under custom; (ii) that if the
provisions of Act V of 1962 are read alongwith those of Act, 1948, the position that
emerges was that a limited estate, held, by Muslim female under custom having
been terminated, widow and two daughters of deceased owner became vested with
the ownership of property according to the share under Shariat Law and therefore,
the relinquishment of their interests in favour of the appellant was valid. 1987 S C
M R 1029
Retrospective Effect:-- Sections 4 a 5 of Act, held, had retrospective effect
insofar as that affected wills which were made prior to coming into force ofShariat Act, 1962.Section 4, referred to a Will which was in operation atcommencement of Act, read with Ss. 3 and 5 of Act, it implied that. willswhich were made prior to 31.12.1962 and which created limited life estatestood affected to extent provided in Ss. 3, 4 & 5 of said Act. 1986 C L C 1165
1. Short title and extent.— (1) This Act may be called the West Pakistan
Muslim Personal Law (Shariat) Application Act, 1962.
(2) It extends to the whole of[2][2][Pakistan].
2. Application of the Muslim Personal Law.- Notwithstanding any custom or
usage, in all questions regarding succession (whether testate or intestate), special
property of females, betrothal, marriage, divorce, dower adoption, guardianship,
minority, legitimacy or bastardy, family relations, wills, legacies, gifts, religious
usages or institutions, including waqfs, trusts and trust properties, the rule of
decision, subject to the provisions of any enactment for the time being in force shall
be the Muslim Personal Law (Shariat) in case where the parties are Muslims.
Court Decisions
Limited estate under Colonization of Government Lands (Punjab) Act, 1912
Limited estate under Colonization of Government Lands (Punjab) Act, 1912, isat par with a customary limited estate and subject to provisions of WestPakistan Muslim Personal Law (Shariat) Application Act, 1962. 2000 Y L R 635
PLD 1983 SC 273 rel.
Interim injunction, grant of. Vendor of the suit land was widow of the deceased
and being a limited owner in the estate transferred the suit property in favour of
the petitioners/plaintiffs. Both the Courts below declined to grant interim
injunction to the petitioners/plaintiffs. Validity. Limited estate of the vendor stood
terminated on 31.12.1962 by virtue of West Pakistan Muslim Personal Law (Shariat)
Page 3The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
Application Act, 1962. By operation of law, the vendor ceased to be a limited owner
as her estate stood terminated. Initial alienation made by the vendor beyond her
share in the estate of the deceased was void. Respondents/defendants did not
contest the prima facie claim of the petitioners/plaintiffs to the extent of the
vendor's share in the suit land. Interim injunction was granted to the extent of the
share of the vendor in the estate, accordingly. 2000 Y L R 635
Entitlement to inherit estate of last male owner who died issueless in 1918---Plaintiffs' predecessors-in-interest were alive at the time of the death ofdeceased last male owner while rival claimants (petitioners) predecessors-in-interest had died before the death of last male owner---All the Courts belowincluding the High Court had concurrently found that plaintiff's predecessors-in-interest were not only reversioners of deceased (last male owner) but theonly collaterals in equal degree to last male owner and they alone were alive atthat time when he died---Remand of case by Appellate Court was only todetermine collaterals of last male owner---Trial Court in post remandproceedings had found that predecessors-in-interest of plaintiffs were alive atthe death of last male owner while predecessors-in-interest of petitioners weredead before his death---Finding of fact recorded by Trial Court in post-remandproceedings was confirmed by Appellate Court as also by High Court---Concurrent findings of Courts below in absence of any evidence to thecontrary, would not warrant interference in impugned judgment of HighCourt---Leave to appeal was refused in circumstances. 1999SCMR78
1992 SCMR 1721 and 1996 SCMR 158 ref. (in C.P. No. 550-L of 1997) (in C.P. No.
701-L of 1997). (in C.P. No. 701-L of 1997).
Maintainability of Suit:- Concurrent findings of Courts below. Plaintiffs
resporutents were deprived of their share in the property by applying customary
law, in derogation of the Muslim Personal Law. Plaintiffs/respondents filed suit
for declaration and the same was decreed by the Trial Court. Appeal filed by the
defendants/petitioners was dismissed by lower Appellate Court. Validity. Where it
was admitted in the written statement of the defendants/petitioners that the
property had devolved upon the plaintiffs/respondents under the customary law
as limited owners and after their marriages the same devolved upon the
defendants/petitioners such a stand which was inconsistent and contradictory to
the pleadings could not be taken by the defendants/petitioners. Concurrent
findings of both the Courts below did not suffer from any factual or legal error or
infirmity and as such there was no justification to interfere with such findings.
Revision was dismissed accordingly. 1999 Y L R 1257 PLD 1991 SC 71 ref.
Leave to appeal was granted to examine whether respondents' predecessor-in-
interest had been holding her property in India in no other capacity except as
limited owner and whether her heirs would get only 1/4th share of property
allotted to her and whether remaining 3/4th share of same would go to appellants
who were legal heirs of brother of husband of such alleged limited owner. 1996 S C
M R 1393
Page 4The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
Termination of limited estate held by widow of deceased land owner. Petitioners
claiming to be collaterals of deceased landowner claiming their share in property in
question. Pedigree-table on record did not show that petitioners were collaterals of
deceased land owner in third degree as claimed by them. High Court did not
interfere with concurrent findings of subordinate Courts on alleged relationship of
parties. Judgments in previous litigation between widow of deceased landowner
and father of petitioners did not show that petitioners or their father was collateral
of deceased land owner. Judgments in previous litigation would not detract from
concurrent findings of Courts below on the question in controversy. Interference
was thus, not warranted in the judgment rendered by the High Court in
circumstances. 1995 SCMR 341
Life estate of widow. Widow was not entitled to alienate such property. On
termination of limited estate by West Pakistan Muslim Personal Law (Shariat).
Application Act, 1962, succession to property of last full owner opened and same
was legally to be divided among Shari heirs of last full owner living at the time of
his death. Widow being alive at the time of last full owner's death who died
issueless was entitled to inherit 1/4th Share. High court had rightly modified
judgments of Courts below by decreeing plaintiff's suit to the extent of 3/4th share
(excluding widow's 1/4th share).Leave to appeal was refused in circumstances.
1995 SCMR 1014
High Court did not deal with those points which were left by Trial Court to bedealt with by the High Court in appeal because in an earlier revisional order ithad already been held that those points might be dealt with and decided by theAppellate Court. Leave to appeal was granted not only to examine those pointsbut also to examine whether, in the facts and circumstances of case, deceasedwould be deemed to have freely executed those documents relied upon fromrespondents' side and he was not under any coercion of general or particularnature; which would also include examination of the condition in thebackground of the case and the circumstances in which he was made to liveparticularly at a meager "Guzara" of Rs. 80 could at all be treated as free agentand could the documents concerned be treated as the result of his ownvolition; whether alienation in question, was Tamleek/gift, a relinquishment/surrender or any other form of transfer; in that context judgment rendered bySupreme Court in Ghulam Ali's case (PLD 1990 SC 1) might be attracted as alsojudgment in Abdul Ghafoor's case (PLD 1985 SC 407) might also be attracted inorder to examine; whether notwithstanding .the then prevailing customarylaw of inheritance, Punjab Muslim Personal Law (Shariat) Act (Amendment)Ordinance, 1983, which had been held to be retrospective, the property of thedeceased could be dealt with and transferred only in accordance with theMuslim Law of alienation. Question regarding gift in favour of plaintiff's sideby defendants (donors) of one house, would require further examination witha view to see; whether there was acceptance thereafter. Amongst others amajor question would also be examined; whether on admitted facts withregard to collection of rents by the owner for long time, alienation in question,if it was a gift by him, was with the transfer of possession; if it was nottransferred despite being capable of being transferred what was the effect on
Page 5The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
Custody of minor children. Rule of decision in questions regarding guardianship
and minority. Effect of deletion of words "subject to the provisions of any
enactment for the time being in force" from S.2, West Pakistan Muslim Personal
Law (Shariat) Application Act, 1962, by the judgments of Supreme Court reported
as PLD 1983 SC 273 and PLD 1984 SC 394, is that in all questions enumerated in
that section, including questions regarding guardianship and minority, the rule of
decision now is the Islamic Law. Minority of a male or female under Muhammadan
Law would terminate when he or she had attained puberty. Puberty among Hanafi
or Shias is presumed on the completion of 15 years.
Petitioner having attained age of 16.1/2 years was neither a ward nor a minor
within meaning of S.25, Guardians and Wards Act, 1890, therefore, Guardian Judge
had no jurisdiction under that section to cause the arrest of petitioner for being
delivered into the custody of her father against her wish . Order of
Arrest .of petitioner for being delivered to the custody of her father was thus,
without lawful authority and of no legal effect. P L D 1993 Lah. 549
Limited estate of female landowner, devolution of' .on death of female
limited owner, devolution of her estate after 1962, would be in accordancewith the then prevailing law and that being so, decree passed in favour ofplaintiffs regarding share of suit land which was in possession of saiddeceased was proper and valid. Such decree was not liable to be set aside bythe High Court and was reversed by Supreme Court in circumstances. Appealof pro forma defendant (Mst. Maqboola) was also allowed by the Court. 1991 S
C M R 515
Relevant provisions of Act V of 1962 and Ordinance VIII of 1961 have to be read
together and rule of interpretation for harmonizing statutory provision is to be
applied. Last male owner dying in 1947. Life estate of widow of deceased
terminating in 1962. Persons entitled to inherit on termination of life estate of
widow by operation of law vide S.3, West Pakistan Muslim Personal Law (Shariat)
Application Act, 1962. On death of last male owner his sister and widow were
alive; while his brother and his daughter had predeceased him. Claimants for
Page 6The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
Declaratory decree under Custom. Effect of, after amendment of Act V of
1962. Declaratory decree under Custom, could not, by its terms even purportto create title in any one in the alienated land. Such decree merely saved rightsof inheritance from effect of alienation when it opened out. Person obtainingsuch decree, held, could not claim any right on basis of that decree which hadbeen declared void and of no effect by provisions of Ordinance X111 of 1983.Such person could have a conceivable right thereafter upon such decree. 1988
C L C 18
Execution of pre-emption decree .Decree under Custom set up in defence.
Objection petition rejected by Trial Court. Appellate Court dismissing appeal on
procedural misconception. Competency of revision against dismissal of such
appeal. Where petitioner did not have even a semblance of right of any' kind
involved in pre-emption decree sued out by respondent, he would have held, no
right to approach High Court for exercise of revisional jurisdiction. Revisional
jurisdiction could not be exercised either on a matter of mere course or upon
discovery of any error or illegality and not even where such an error or illegality be
referable to exercise of jurisdiction by lower Court. 1988 C L C 18
P L D 1954 Lah. 575 rel.
Muhammadan Law
Competency of witness charged of criminal offence. Mere pendency of criminal
case against marginal witness of document embodying will in dispute, held, was
not a cogent reason for rejecting testimony of such witness particularly when such
witness admittedly was later on acquitted in said case. Evidence of marginal
witness of document of will in dispute could not be discarded simply because such
witness was closely related to maker of will. 1987 C L C 745
[3][3][2-A. Succession prior to Act IX of 1948.—Notwithstanding anything to
the contrary contained in section 2 or any other law for the time being in force, or
any custom or usage or decree, judgment or order of any Court, where before the
commencement of the Punajb Muslim Personal Law (Shariat) Application Act,
1948, a male heir had acquired any agricultural land under custom from the person
who at the time of such acquisition was a Muslim:-
(a) he shall be deemed to have become, upon such acquisition, an absolute
owner of such land, as if such land had devolved on him under the Muslim
Personal Law (Shariat);
(b) any decree, judgment or order of any Court affirming the right of any
reversioner under custom or usage, to call in question such an alienation or
directing delivery or possession of agricultural land on such basis shall be
void, inexecutable and of no legal effect to the extent it is contrary to the
Muslim Personal Law (Shariat) Act;
Page 9The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
Pakistan Muslim Personal Law (Shariat) Application ,Act, 1962 by Ordinance XIII
of 1983 to parties without proper inquiry into the faith of plaintiff and his father,
necessitated sending back the case to Appellate Court for fresh decision on merits
in accordance with law. Sufficient material being not available on record for
decision about faith of the plaintiff and his father, case was remanded for
determining true faith of the plaintiff and his father and the effect on the case of
S.2.A, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. P L D
1994 Lah. 259
1992 MLD 1147 ref.
Protection of reversionary interest. Suit for. Son of vendor of land in dispute
had challenged sale by filing suit for possession contending that land indispute was ancestral qua hi and his father had sold same without anyconsideration and legal necessity for it. Son also accused his father of loosemorals and said that he lived a luxurious life and squandered the ancestralland. Suit filed by son was dismissed by Trial Court, but judgment and decreeof Trial Court was reversed in appeal. Upon insertion of S. 2.A in the Act,whole scenario was altered as in terms of aforesaid section alinor would bedeemed to be an absolute owner of land as if it had fallen to him under Shariat.With above transformation, inhibitions attaching to alienation of land underCustom evaporated altogether. Islamic Law recognised no restriction on intervivo transfer, of property by its owner. Decree passed by Appellate Courtbelow in favour of son of alienor, was rendered void, inexecutable and of nolegal effect to the extent it was contrary to Muslim Personal Law (Shariat) Act[as amended] and suit would be deemed to have abated forthwith. 1994 C L C
453
Inheritance of widow under Custom in presence of two sons. Widow’s
inheritance whether to be regarded as a limited owner or maintenance holder.
Apart from question of widow's inheritance and other questions raised in petition
for leave to appeal, it would also need examination: whether present petitioners
(daughters) would not at all inherit property in dispute being originally left by
deceased, in accordance with their shares as daughters, notwithstanding the
question, whether widow of deceased inherited as limited owner or obtained the
suit land in lieu of maintenance. Development of law of inheritance since 1945
would have to be taken into consideration, widow having died in 1968. Even if
death of deceased in 1933, was treated as starting point, subsequent legal changes
and developments particularly Ordinance XIII of 1983, would be examined in that
context as well. Leave to appeal was granted. 1991 S C M R 758
P L D 1963 SC 543 and 1986 S C M R 1483 ref.
Second appeal . Concurrent judgment and decree passed by Courts below that
after promulgation of Ordinance which over every law, Customs or usages,
property left by deceased Muslim, would devolve on his legal heirs under Muslim
Law, could not be interfered with by High Court in exercise of Appellate
jurisdiction. 1991 C L C 1155
Page 15The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
plaintiff, his nephew, would be deemed to be one under Muslim Law and that
being so, would operate accordingly- Deceased/testator having died in 1947, when
plaintiff/legatee's father was alive, such legatee not being heir of testator would get
one-third under the Will- Remaining two-third of testator's property would have to
be distributed amongst his heirs according to Shariah shares. 1989SCMR755
PLD 1985 SC 407 rel.
Contention that High Court was not justified in declaring that the decree by First
Appellate Court had become void on account of addition of S.2.A in the Act, 1962
and such question should have been left for the executing Court to decide. Held,
High Court was perfectly justified in recording the effect of a law, which was
enacted during the pendency of appeal before it. Leave to appeal against order of
the High Court was refused. 1989 S C M R 1129
Deceased died before promulgation of Shariat Application Law of 1948 leaving a
son and daughter. Property was mutated under custom in the name of son of the
deceased exclusively who made a will of 1/3rd in favour of grandsons of one of his
sisters. On death of deceased's son in 1982 property was devolved on his heirs on
the assumption that he alone was the successor to the property of his deceased
father to the exclusion of his sister. Contention that his sister should also be treated
as having inherited the property as Muslim heir to her father under S.2.A. Leave to
appeal was granted to re-examine the entire question of devolution of the property
of deceased father after his death. 1989 S C M R 1182
P L D 1985 S C 407 and 1986 SCMR1539(2)rel.
Decree under Custom, against sale on ground of lack of consideration/legal
necessity. Petitioner's contention that with the promulgation of Ordinance XIII of
1983, the law had changed and all decrees based on Custom stood annulled; that
exception regarding past and closed transactions, and/or possession having been
transferred as a result of such decree, was not applicable to the present case; that
vendors not having died, decree had not yet come into operation. Contentions
raised on petitioner's behalf required examination. Leave was granted. 1989 S C M
R 1236
P L D 1985 S C 407 rel.
Impugned judgment of the High Court was rendered after coming into force of the
Ordinance of 1983. Leave to appeal was granted to examine inter alia question
relating to interpretation of S.2.A of the Ordinance of 1983 and its implication vis-à-
vis questions involved in the case. 1989 S C M R 1263
PLD 1985 SC 407 ref.
Leave to appeal was granted for the reason that Ordinance X111 of 1983 had been
promulgated on 1-8-1983 and it contained S.2-A having a direct bearing on the
decrees of the nature possessed by respondents. 1989 S C M R 1632
Custom (Punjab). Petitioner filed suit under Custom, challenging alienation aswithout consideration and legal necessity. Plaint was rejected under O.VII,
Page 18The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
R.11, C.P.C.Held, notwithstanding the fact that the petition when filed primafacie, had some force but as the law stood today, the petitioner could not at allsucceed in so far as subject matter of the petition was concerned. Leave toappeal refused.
1989 S C M R 1754
Last Muslim male owner having died issueless, his property was devolved upon
his widow in 1939. Such widow after having paid Government dues in respect of
said land acquired proprietary rights and thereafter sold it to defendants. Plaintiffs'
suit on basis of being heirs of last male owner claiming 3/4 share of his property
was dismissed by Trial Court but was decreed on appeal by First Appellate Court
which was upheld by the High Court in revision. Defendants' contentions that their
case was governed by S.30.A and not by S.19.A of Act V of 1912 and that vendor
widow being full owner of disputed land was entitled to alienate it and that by
provisions of S.2.A of the amended Act V of 1962, plaintiffs' suit stood abated, had
also been raised before High Court and had been attended to. No interference,
held, was called for by Supreme Court in the light of principle laid down by
Supreme Court in Mst. Began v. Mst. Bai reported as 1983 S C M R 80. 1989 SCMR
1958
1983 S C M R 80 rel.
Decree in suit filed under custom. Validity. Provision of S.2.A as added by
Ordinance 1983, envisages that decree/consent decree passed in suit filedunder custom, even if taken to have been validly made, would be renderedvoid, inexecutable and of no legal effect. Consent decree passed in suit tiledunder custom could not be deemed to be transfer of land in recognition ofsuperior right of preemption. 1989 C L C 1727
Succession--Will--Suit by respondent, daughter of last male-holder, for possession
of land equal to less than 1/20th part of entire property left by her father on the
basis of a Will executed on 30-10-1940 in her favour, dismissed by Trial Court
holding that her father was not competent to make a gift of any part of his property
in her favour-District Judge on appeal decreeing suit holding that under the
Custom there was no restraint on the last male-holder in giving a small portion of
his property to his daughter by way of gift and High Court in second appeal
affirming the finding of District Judge--West Pakistan Muslim Personal Law
(Shariat) Act (Amendment) Ordinance, 1983 coming into force during pendency of
appeal by which S.2-A was inserted in Ordinance of 1962--Provision of S.2-A being
retrospective in effect, last male-holder had to be treated as one who at time of his
death was governed by Muslim Personal Law-Respondent, under Muslim Personal
Law, being one of the heirs, could not take advantage of the Will without the
consent of other heirs--Claim of respondent to the land in dispute on basis of Will,
in absence of consent of other heirs, must be rejected--Applying Muslim Personal
Law, respondent would have been entitled from estate of her father to more land
than what was given to her in the Will--Parties having been engaged in litigation
for more than 30 years, it would not be appropriate to drive them to another round
Page 19The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
1971 SC 791; 19 IC 138; PLD 1969 SC 338 and PLD 1971 Lah. 567 ref.
Suit for cancellation of mutation. Applicability of West Pakistan Muslim
Personal Law (Shariat) Application Act, 1962. Mutation in respect of land indispute was sought to be cancelled by plaintiffs contending that predecessor-in-interest of parties, who was owner of land in dispute having died in 1948before promulgation of West Pakistan Muslim Personal Law (Shariat)Application, Act, 1962, defendant, the daughter of deceased was deprived ofinheritance and that mutation attested under Muslim Personal Law wasagainst custom under which daughter/female member was not entitled to theinheritance. Both the Courts below as well as High Court had concurrentlyconcluded that predecessor-in-interest of parties was governed by MuslimPersonal Law in the matter of inheritance and not by custom. Witnessesproduced by plaintiffs had nowhere mentioned in their statement that as towhat was the custom prevalent between the parties. Witnesses did not pointout any detail as to whether the parties were governed by custom beforepromulgation of Muslim Personal Law. Initial presumption, in circumstances,was in favour of application of Muslim Personal Law unless custom wasstrictly proved. Plaintiff having failed to prove custom so as to deprivedefendant daughter of deceased from inheritance of her father, suit filed byplaintiff, which was also barred by time, was rightly dismissed by Courtsbelow and also by High Court., 2001 M L D 212
Inheritance. Last male holder of suit land died in 1922 and as his family was
governed by custom, his land was mutated in the name of his widow and also
widow of his son in equal shares as limited owners. Widow of the last male holder
of suit land having died, her share was also allocated to the widow of son of last
Page 22The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
male holder of suit land in 1932. Limited estate held by the widows under the
custom was terminated on promulgation of West Pakistan Muslim Personal Law
(Shariat) Application Act, 1962. Widow of son of last male holder of suit land sold
land in 1968 and plaintiffs who claimed their shares in land being the collaterals of
the deceased last male holder of suit land, who had never previously challenged
sale of land by the widow, filed suit after lapse of twenty years from said sale
which was dismissed concurrently by Courts below being barred by time. Plaintiff
failed to satisfy the Court that the suit was within limitation or that both Courts
below had committed any illegality in non-suiting them on the ground of
limitation. Concurrent findings of Courts below could not be interfered with by the
High Court in exercise of its revisional jurisdiction. 2001 Y L R 2615
Limited estate held by Muslim female. Such estate held under customary law
was terminated on promulgation of West Pakistan Muslim Personal Law(Shariat) Application Act, 1962. Limited estate after the promulgation, of thesaid Act was opened for succession amongst Sharia heirs of last full owner.2001 Y L R 2521
Transfer of entire estate by limited owner. Last full owner of the suit property
died issueless and whole of his property devolved upon his sister as limited owner
who transferred the same in favour of the defendants vide registered gift deed. By
application of S.3 of West Pakistan Muslim Personal Law (Shariat) Application Act,
1962, the plaintiffs claimed to be the co-owners in the estate. Trial Court dismissed
the suit but decreed by the Appellate Court. Validity. Donor was limited owner
under "custom" and on termination of limited estate held by her under customary
law, with the application of West Pakistan Muslin: Personal Law (Shariat)
Application Act, 1962, the estate of the original owners would be considered as the
estate of deceased last full owner and would open for inheritance. Donor, being
sister of the deceased last full owner, was entitled under Islamic Law to inherit
1 /4th share in the property left by the deceased last full owner and the plaintiffs
being reversionaries would be entitled to inherit 3/4th share. Gift deed executed by
the limited owner was valid only to the extent of 1 /4th share left by the deceased
last full owner. High Court declined to interfere with the judgment and decree
passed by the Appellate Court. 2001 Y L R 2521
Alienation of property by limited owner beyond. her legal share. Widow of the
deceased was a limited owner in the estate and she sold the whole estate to the
respondents. Petitioners were also legal heirs of the deceased and had assailed
such transactions on the ground that the widow could not alienate the suit
property beyond her legal share. Trial Court decreed the suit whereas the
Appellate Court reversed the findings of the Trial Court and dismissed the suit.
Validity. Widow was entitled to inherit the property only to the 'extent of her share
under the provision of S.3 of West Pakistan Muslim Personal Law (Shariat)
Application Act, 1962 and the remaining was to devolve on the other legal heirs of
the deceased. Widow, thus, .was not entitled to dispose of the property by way' of
sale beyond her legal share in the estate of the deceased. Judgment and decree of
the Appellate Court was set aside and that of the Trial Court restored by High
Court. -->2000 C L C 1863
Page 23The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)
Share from estate to which such widow would have been entitled under Muslim
Personal Law (Shariat), upon death of last full owner, would devolve on her.
P L D 1980 Lah. 672
Life estate-Succession-Section 3 allowed inheritance to take place on
termination of limited interest as it would have taken place if Muslim Lawwere applicable when propositus died-Last male-holder’s pre-deceased’s son’swidow succeeds to last male-holder’s interest on fiction of law created byprinciple of representation as applied in Sialkot District-Such widow being notentitled to succession, if last male-holder were governed by Shariat, due topredeceased son being excluded by surviving sons, nor such succession beingpermitted under Family Laws Ordinance (VIII of 1961), widow of predeceasedson being not allowed to inherit even under such law, widow of predeceasedson having succeeded only under custom, held, left no share in property aftertermination of her limited interest-Limited interest of widow even if notterminated sons of surviving sons of last male-holder, held further, entitled toinherit entire property on death of such widow thus leaving plaintiff withoutany right of pre-emption. P L D 1978 Lah.1318
P L D 1974 S C 124 and P L D 1975 Lah. 83 ref.
Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. IS & 16 read with
Punjab Refugees (Registration of Land Claims) Act (V of 1949), S. 4 and
Rehabilitation Settlement Scheme, Part I, para. 46.A. Custom (Punjab) .Widow's
estate .Property allotted in Pakistan to female in lieu of her limited estate
abandoned in India. Devolves on termination of limited estate under S. 3, West
Pakistan Muslim Personal Law (Shariat) Application Act, 1962 on persons who
would have succeeded had the Act applied at the demise of last full owner.
Existing limited estates terminated with effect from 31.12.62. After termination,
devolution of estate regulated by S. S of Act V of 1962. Punjab Muslim Personal
Law (Shariat) Application (Removal of Doubts) Ordinance (IX of 1972), S. 2. [Sher
Muhammad v. The Additional Rehabilitation Commissioner. P L D 1973 S. C. 304
P L D 1963 Lah. 234 held overruled] PL D 1968 Lah. 234 held overruled. P L D 1971
S C 791; P L D 1969 Lah. 412 and Civil Appeal No. 100 of 1971 ref.
Rights created by proviso (as introduced by Ordinance XXXIX of 1963) to S. 3, lost
on expiry of the temporary Ordinance XXXIX of 1963 and S. 3 as originally enacted
in Act V of 1962 re-emerged. [Sarwar Bibi v. Said Ahmad and others P L D 1969
Lah. 412 dissented from]. P L D 1975 Pes. 22
PLD 1973 SC304 rel. P L D 1969 Lah. 412 dissented from.
The Law of succession has ever since the enactment of the Muslim Personal Law
(Shariat) Application Act, 1948, been the rule of Shariat notwithstanding my thing
to the contrary contained in any usage or custom. No life estates could there fore be
created under the Customary Law after the enactment of that Act. Existing life
estates were, however, left untouched and in respect of them the only provision
was applicable on their termination in due course according to Customary Law.
Page 28The West Pakistan Muslim Personal Law (Shariat) Act, 1962 (V of 1962)