Citation Name: 2023 CLC 1789 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HUSSAIN (Deceased) vs AFSAR JAN

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Citation Name: 2023 CLC 1789 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HUSSAIN (Deceased) VS AFSAR JAN (Deceased) Ss.3 & 5---Termination of limited estate under Customary Law---Devolution of property on the termination of life estate and certain wills---Limitation---Scope---Legal fiction has been created by the combined effect of Ss. 3 & 5 of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Although the last male owner may have died long back in the past, yet he is deemed to have died on the date of enforcement of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 and succession would be deemed to have opened to his estate on such date---It is recognized principle of Muslim Law that immediately upon the death of a Muslim proprietor, his estate devolves on his legal heirs irrespective of any mutation of inheritance---Rightful owner of the property cannot be deprived of his share unless precluded to claim the same due to conscious abandonment or relinquishment---Limitation cannot run against such a co-sharer in such an eventuality. Citation Name: 2023 CLC 1789 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HUSSAIN (Deceased) VS AFSAR JAN (Deceased) S. 3---Specific Relief act (I of 1877), S. 42---Suit for declaration---Termination of limited estate under Customary Law---Scope---Plaintiffs filed a suit for declaration with the assertion that widow of last male owner of the suit property being limited owner could not have alienated suit property in excess to her sharai share (1/8) and remaining share i.e. 7/8 of the suit property should be reverted to the plaintiffs being collaterals and to the only daughter of the last male owner of suit property by virtue of S. 3 of the West Pakistan Muslim Personal Law (Shariat) application act, 1962---Trial Court decreed the suit whereas appellate Court dismissed the same---Validity---Rights of the widow qua the suit property being limited owner had been terminated in the year 1963 by operation of law whereafter she was only owner of 1/8th share of the suit property under Sharai law being widow of deceased---Remaining property devolved upon the petitioners being collaterals and the only daughter of the deceased---Widow being not owner of whole suit property in the year 1978 was not competent to alienate it through registered sale and gift deeds---Mutations mentioned in the plaint were cancelled being void to the extent of the transactions excessive to her Sharai share (1/8)---Civil revision was allowed, judgment and decree passed by appellate Court was set aside and that of Trial Court was restored.

Citation Name: 2023 CLC 1789 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HUSSAIN (Deceased) vs AFSAR JAN (Deceased) Ss — 2023 CLC 1789 LAHORE-HIGH-COURT-LAHORE

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