| Case ID |
2b2ff0e9-d5ac-46a5-b13a-20dbd2de7f24 |
| Body |
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| Case Number |
Civil Petition No.3746-L of 2002 |
| Decision Date |
Mar 07, 2003 |
| Hearing Date |
Mar 07, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the petition and refused leave to appeal, affirming the High Court's ruling that the widow, Mst. Rehmat Bibi, was a limited owner of the land after the death of her husband, Dullah. The Court held that her limited estate terminated with the enforcement of the West Pakistan Muslim Personal (Shariat) Application Act, 1962, thus reopening the succession to Dullah's property. The execution of the conveyance deed in February 1963 did not confer full ownership upon Mst. Rehmat Bibi, as her rights were governed by the Shariat Act, which took precedence over customary practices. The case illustrates the complexities of land ownership and succession rights under Pakistani law, particularly in the context of women's rights and the interpretation of customary versus statutory laws. |
| Summary |
This case revolves around the issues of land ownership, succession rights, and the legal implications of the Colonization of Government Lands (Punjab) Act, 1912, and the West Pakistan Muslim Personal (Shariat) Application Act, 1962. Mst. Rehmat Bibi inherited limited ownership of land after her husband's death in 1930. The subsequent legal battles centered around her rights to convey or gift the property, which was complicated by the introduction of the Shariat Act. The Supreme Court's decision highlights the importance of understanding the intersection between customary law and statutory law in Pakistan, especially concerning women's inheritance rights. The case underscores the need for clarity in legal frameworks governing property rights and the implications of various laws on personal succession. This decision is significant for legal practitioners, property owners, and individuals interested in the nuances of inheritance laws in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FALAK SHER,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Malik Noor Muhammad Awan,
Walayat Umar Chaudhry
|
| Petitioners |
6 others,
Mst. JHANDO
|
| Respondents |
MUHAMMAD SHARIF,
9 others
|
| Citations |
2006 SLD 2567,
2006 SCMR 882
|
| Other Citations |
Mst. Began v. Mst. Bai 1983 SCMR 80
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912),
West Pakistan Muslim Personal (Shariat) Application Act (V of 1962),
Constitution of Pakistan (1973)
|
| Sections |
20(b),
30-A,
3,
185(3)
|