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MST. SAABRAN BIBI versus MUHAMMAD IBRAHIM


Section 4 The applicant's grandparents had three sons and two daughters, the father's father, who was one of his grandfather's three sons, left the petitioner (his son) and his widow at the time of his father's life, and The widow later said. The deceased had married a brother and had also given birth to their children. After the death of the grandfather, the applicant's legacy was approved for change, which included the widow of the first son / applicant's mother. , Who was later married, was also proposed under the provisions of section 4 of the Muslim Family Law Ordinance, 1961, before the commencement of succession, such a son or daughter's child, if his If the time is alive, when the succession is opened, then the share of such son or daughter will be equal, if living ancestor behind Section 4 of the Muslim Family Law Ordinance, 1961 T and rational reasoning was, it hurts the unfortunate children whose parents died during their grandparents' life, trying to pay such orphans by sharing in the inheritance of their grandchildren. In which their father or mother was entitled to such children. The son was only entitled to the inheritance and inheritance of the shareholder whose expression was not possibly included in his son's widow but only after the death of his son as the grandfather's son, the deceased / petitioner The mother had the right to receive her share and the widow. The one who later married the brother of the deceased was not entitled to the 1 / 8th share. In the matter of inheritance, there could be no restriction on claiming the legal part of it nor could it Court to be bound

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