Sections 3 (2) and 4 of the West Pakistan Muslim Personal Law (Sharia) Application Act (V 19 19), Section 2 and 3 Transfer of Property Act (IV of 1882), Section 41 Special Relief Act (I of 1877), Section 42 Inheritance Succession Confirmation of the Last Male Owner's Change in favor of his Daughter and Widow on the Elimination of his Limited Interest in Muslim Women 22 2 1920 After the remarriage of his daughter, the plaintiff (the only son of the last male owner's brother) ) For the transfer of the suit property and the widow dated 22 3 1927 by the change and sale of such property by the plaintiff as the legal heir of the daughter of the last male owner. According to the plaintiff's application was confirmed change in its favor. The Khyber Pakhtunkhwa Muslim Personal Law (Shariah) Application Act, long before the issuance of the Act of 1935, was not reopened on 22 3 1927, as well as past and closed transactions more than the same year. The Khyber Pakhtunkhwa Muslim Personal Law (Sharia) Application Act, 1935 and the West Pakistan Muslim Personal Law (Sharia) Application Act, 1962 took effect and the late last male owner would be considered to die under Muslim law, even if it Would have died. On the eve of the widow's remarriage before the enactment of the two acts, the last male owner owns property in his legal inheritance, namely 1/8 of his widow, 1/2 of his daughter, and the remainder. Was responsible for dividing the sections. The nephew (the son of his deceased brother) was entitled to a 1/2 share in the suit land, which cannot be extinguished by mutation because the daughter suits the shareholder in the land. The shareholder will be deemed to own the shared land on behalf of all co-owners
Related judgments — Peshawar High Court NWFP, 2012
