The Section 42 and the Specific Relief Act (of 1877), the plaintiff's Section 42 suit, sought to declare that he and other legal heirs of the last full owner of the deceased, who had died the victims. Shariah is entitled to share in inheritance, and that the variation was fully recognized in favor of the widow of the deceased, before the case filed by the plaintiff was ineffective on the rights of the plaintiff, as well as the validity. It was rejected by the courts under the West Pakistan Muslim Personal Law (Sharia) Application Act, 1962. Released on December 31, 1962, in the case of inheritance, as a rule of decision, all limited property held by women under customs, under all the limited property of the Act, regardless of any custom or use in the society. Included. , The law was repealed, and under law, the property of life ending under section 3 of the Act was to follow section 5 of the Act on such persons, and after the death of the last full owner, the Muslim personal law ( Sharia) Under the Application Act, 1962, on the admission of the last full owner, such women were entitled to succeed under the Muslim Personal Law, however, limited property was protected, which all Muslim women had, under customs. Kept, removed from the process of law and restored to the original legal heirs of the last complete owners, the plaintiff and the other legal heirs of the deceased Let became owner of 3/4 of the extent of his inheritance. Except for the ludh, 1 / 4th of the victim's widow, who, according to the law, has died without any fundamental rights, shall prevail against any entry in mutation or revenue record.
Related judgments — Peshawar High Court NWFP, 2012
