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BAGGA KHAN versus KHAKI BEGUM


Azad Jammu and Kashmir Supreme Court Rules, 1978, A XLIII, Rr 3 and 4 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 inherited property in the last male owner's widow because the customs widow was limited by the owner. Was separated from such property. In the interest of the defendants (the heirs of the deceased last male owner), the right of the forefathers challenged such liberty, which, under the High Court, in the second appeal passed the declaration in favor of the deceased's heirs that they would be Muslim after the successor. Shall be entitled to inheritance under the law. The widow's own interest was opened up to the termination of the limited interest which she would inherit upon the termination of the limited interest and in the favor of the shopkeeper the sale would be ineffective against her rights, the plaintiff on the termination of the limited interest, The deceased was entitled to 7/8 part of the property left by the deceased as the heirs of the deceased owner and on the basis of the said decree, the defendants are entitled to the 1 / 8th share of the last share of the last male. The owner was the widow's part and who according to the court's decision would go to the defendants because the persons belonging to the whole of his property, were not guilty. Aiyan was handed over to the treating physician. Utilizing the inherent powers under O XLIII, Rr 3 and 4, Rules of Azad Jammu and Kashmir Supreme Court, 1978, passed the decree of joint possession of the 1 / 8th section, in which the limited owner was the defendant and the last male in favor of the plaintiff. The owner was entitled to be a widow. For joint possession of 7/8 part of property left by the last male owner in favor of the plaintiffs

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