Mst. RAJ BEGUM (DECEASED) vs Mst — 2022 SCMR 1394 SUPREME-COURT

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Mst. RAJ BEGUM (DECEASED) VS Mst. AJAIB JAN (DECEASED) S. 2-a---Punjab Muslim Personal Law (Shariat) application act (IX of 1948), Preamble---Inheritance---Daughters deprived of their share in inheritance by their brother relying on prevailing custom---In the present case, even if it was accepted that the father of the parties died before the cut-off date of 15 March 1948 (date of enactment of Punjab Muslim Personal Law (Shariat) application act, 1948) the two sons had not acquired the subject land---Purported exclusion of the other legal heirs (i.e. the three daughters) took place when inheritance mutation took place in the sons' favour on 6 april 1956, which was after the cut-off date of 15 March 1948---Sons had relied upon the inheritance mutation to establish their acquisition but such purported acquisition did not accord with the requirements of the West Pakistan Muslim Personal Law (Shariat) application act, 1962, the enactment date of Punjab Muslim Personal Law (Shariat) application act, 1948, and the interpretation thereof by the Supreme Court in the case reported as Ghulam Haider v. Murad (PLD 2012 SC 501)---all the legal heirs were entitled to the estate left by their father as per their respective shares in accordance with Islamic shariat---appeal was dismissed with the direction that in case the judgments of the subordinate courts and of the High Court had still not been implemented by the concerned authority, and the ownership of all the legal heirs was not recorded in the property records, the same should be done immediately, as decades had already passed since the death of the father and some of his legal heirs had remained deprived of their inheritance. Head NotesCase Description

Mst. RAJ BEGUM (DECEASED) vs Mst — 2022 SCMR 1394 SUPREME-COURT

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