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Citation Name: 2024 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SAIDAN (widow) vs MUHAMMAD YOUSAF Inheritance — 2024 YLR 1394 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 1394 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SAIDAN (widow) vs MUHAMMAD YOUSAF Inheritance
Subject matter
Civil
Provisions referred to
S. 4---I; S. 4; S. 19-A---S; S. 19-A; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SAIDAN (widow) VS MUHAMMAD YOUSAF Inheritance--- Limitation--- Appli-cability---Limitation does not preclude a person to get his share from inheritance. Citation Name: 2024 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SAIDAN (widow) VS MUHAMMAD YOUSAF S. 4---Inheritance---Children from pre-deceased son/daughter---Principle---Grand children are entitled to receive share equal to the share of their mother or father in view of S. 4 of Muslim Family Laws Ordinance, 1961---Only condition to such entitlement is that succussion should open after promulgation of Muslim Family Laws Ordinance, 1961. Citation Name: 2024 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. SAIDAN (widow) VS MUHAMMAD YOUSAF Ss. 42 & 54---Colonization of Government Lands (Punjab) Act (V of 1912), S. 19-A---Suit for declaration and injunction---Succession to tenancy---Limited owner, right of---Suit filed by respondents/plaintiffs seeking their right of inheritance in suit property was decreed in their favour by Trial Court as well as by Lower Appellate Court---Validity---Respondents/plaintiffs could not have any vested right with regard to property/estate of their predecessor-in-interest during life time of her mother---Right to succession came into existence on the death of limited owner, as the property had reverted to original owner i.e. father of predecessor-in-interest of respondents/plaintiffs---On termination of limited interest of widow, the succession was open under S. 19-A of Colonization of Government Lands (Punjab) Act, 1912, to all persons who would have been entitled to inherit the property at the time of death of last full owner and at that time predecessor-in-interest of respondents/plaintiffs was alive--- Respondents / plaintiffs were entitled to share of their predecessor-in-interest which she had inherited from her father---Mutation which was sanctioned to the exclusion of legal heirs of deceased was nothing but a waste of paper, running counter to Shariah by which Muslim right holders are governed---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances.

Other judgments reported in 2024 YLR

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