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Appeal No. 177 of 1958‑59, decided on 4th August 1959.
para. 11‑Gift of land to step‑sister‑Succession opening to donor twice, firstly; on death of father and secondly, on death of brother‑Donee inherit ing 78 acres on first succession but disentitled (under Shia Law) to inherit on second succession‑Permission to make gift. held, rightly refused.
Muhammad Ismail Bhatti for Appellant.
This is an appeal filed against an order dated the 26th of June 1959, passed by the Land Commissioner, Lahore, whereby he refused to allow Nawab Muzaffar Ali Khan Qizilbash to make a gift in favour of his step‑sister, Mst. Fatima Sultan (Appellant).
The facts of the case are that Nawab Muzaffar Ali Khan Qizilbash made an application under paragraph 11 of the Martial Law Regulation No. 64 seeking permission to make a gift of the land in question in favour of his step‑sister, Mst. Fatima Sultan. The Land Commissioner found that so far as the property of the brother was concerned, she was not a person entitled to inherit. So far as the question of succession to the property of her father, Nawab Sir Haji Fateh Ali Khan was concerned, she has already got 78 acres. The request was, therefore, disallowed. Hence this appeal.
I have heard the counsel for the appellant. The succession opened to Nawab Muzaffar Ali Khan Qizilbash twice‑once in 1923 when his father; Nawab Sir Haji Fateh Ali Khan died and again in 1944 when his brother, Nawab Nisar Ali Khan expired. So far as the first succession is concerned, it related to self‑acquired property and the donee inherited 78 acres of land. At that time, it is clear, she was not excluded from inheritance. So far as the second succession is concerned, under the Shia Law governing the parties, the proposed donee would not be a person entitled to inherit. In these circumstances, the request was rightly refused. No interference is called for. The appeal fails and is rejected hereby.
S. Q. Appeal rejected.
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