Muhammad Bakhsh (deceased) vs Jiwan Hayat Ss — 2025 MLD 1795 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1795 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Bakhsh (deceased) vs Jiwan Hayat Ss
Provisions referred to: S. 3; S. 5; Application Act

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

Muhammad Bakhsh (deceased) VS Jiwan Hayat Ss.3 & 5---Female/widow as limited owner under prevailing custom---Limited ownership of female holder, termination of---Effect and consequence---Property to revert to last full owner---Scope---As per S.3 of the Muslim Personal Law (Shariat) Application Act, 1962, limited interest of female holders terminates and in terms of S.5 of the Act (ibid) on the termination of the limited estates, the property is to be considered as the ownership of the last full owner and should be devolved upon his legal sharai heirs alive at the time of his death and if anyone of such heir 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 are also entitled to their sharai share whether alive or dead.

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