FAIZ ULLAH vs DILAWAR HUSSAIN Inheritance — 2022 SCMR 1647 SUPREME-COURT

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FAIZ ULLAH VS DILAWAR HUSSAIN Inheritance---Legal heir/co-sharer---Legal heirs become owner and at the same time co-sharers in the property left by a deceased Muslim---Possession of a co-sharer is considered as a possession on behalf of all other co-sharers---Even the rights of a co-sharer with symbolic possession were safeguarded---No limitation runs against a co-sharer/co-owner---However, in certain cases law of limitation involving matter of inheritance cannot be ignored altogether---Where the predecessor/propositus transfers his property by way of sale, gift etc. in his lifetime and after his death, the legal heirs claim right of inheritance regarding said property after lapse of considerable time by questioning such transfer, the question of limitation cannot be ignored lightly. Head NotesCase Description Citation Name: 2022 SCMR 1647 SUPREME-COURTBookmark this Case FAIZ ULLAH VS DILAWAR HUSSAIN Inheritance---Each legal heir a co-sharer in the property---Inheritance under Muslim Personal Law/Islamic Law opens just after the death of a Muslim---All the legal heirs, lineal and collaterals inherit/acquire to the extent of their respective shares just after the death of a Muslim; they all by such inheritance/acquisition become co-sharer/co-owner in the estate left by the deceased Muslim under sharia---Every co-sharer/co-owner is presumed to be in possession of every inch of the joint property unless the same is partitioned. Head NotesCase Description Citation Name: 2022 SCMR 1647 SUPREME-COURTBookmark this Case FAIZ ULLAH VS DILAWAR HUSSAIN S. 3---Immovable property held by a Muslim female as a limited owner under the customary law---Termination of limited interest upon marriage of female---Persons entitled to inherit after termination of such interest---In the present case, the widow of the last full owner "I" succeeded her late husband as a limited owner till her death or re-marriage and similarly the daughter of the "I" acquired the same limited interest in the property on similar terms from her mother---When the daughter got married in the year 1944/45 (as per available record and not disputed by anyone) her limited interest in the landed property was terminated and as per law the property had to revert back to actual legal heirs (lineals and collaterals) but such termination, as per record, was not incorporated in the relevant record and till filing of the suit by the plaintiffs she remained recorded as full owner (in the course of time, her limited status was changed to full owner but no explanation in such regard was available on the record) which even otherwise was against the law---According to section 3 of the Punjab Muslim Personal Law (Shariat) Application Act, 1948 ('Act of 1948'), on the termination of the limited interest of the daughter, the property was to be considered as the ownership of the last full owner "I" and should have devolved upon his sharai heirs alive at the time of his death and if anyone of such heirs had died prior to the termination of the limited estate his heirs would get the share to which their predecessor would have been entitled if alive---Accordingly, the limited owners were entitled to their sharai share whether alive or dead---Marriage of the daughter, resulted into termination of the limited interest in the property held by her and as per the provisions of section 3 of the Act of 1948, the matter reverted back to the year 1922, the year when the last full owner "I" died---All the persons entitled to succeed the last full owner (the sharers, residuaries, distant, kindred etc.) would succeed, as per their respective share, as if the last full owner died during the application of Muslim Personal Law "Shariat"---Proviso to section 3 also clearly spoke of the females retaining the property with limited interest; they would also be entitled to get as per their ordained shares in the sharia---Accordingly the widow of "I" was entitled to get 1/8 share, the daughter was entitled to get 4/8 (1/2) (as she was the only daughter) and the remainder 3/8 would go to the brothers of "I" as residuaries---Daughter of "I" would also inherit from her mother as a sharer---Appeal was partly allowed. Head NotesCase Description

FAIZ ULLAH vs DILAWAR HUSSAIN Inheritance — 2022 SCMR 1647 SUPREME-COURT

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