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MOHIB SHAH versus JANNAT BIBI


West Pakistan Muslim Personal Law (Sharia) Application Act 1962 Section 2 The daughters of the last male proprietor claiming to run under the Muslim Personal Law in a customs (Punjab) inheritance case announced the declaration of this decision with respect to the property. Filed a lawsuit for Defendants, by their deceased father, claimed that the deceased had already died before partition, that his inheritance was run by the custodian (daughters), dismissed by the trial court, but the appellate court ruled. On the basis of this, it was decided that there is a government of late in matters of inheritance. Through the Muslim Personal Law and not the customs validity obligations, the three villages where the deceased's property was located clearly state that the deceased was legally ruled under Muslim Personal Law in matters of inheritance and Such entries relate to the year 1927 28, which was 11 years before his death. Contrary to such documentary evidence presented by the plaintiff, the defendant had no special significance for the application of customs related to oral evidence and was insufficient to prove that in the case of inheritance the customs plaintiff was late. The rule was not only required to prove that the custodian in matters of inheritance was governed by the customs but also to prove that the defendants could not prove any of these facts according to this particular custom. Thus, in the case of the inheritance of the deceased and the plaintiffs (daughters) was the rule of the parties under Sharia law, Sharia law Were entitled to inherit their shares according to [Muhammadi law].

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