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MUHAMMAD ASGHAR versus REHMAT ULLAH


Section 2A [as amended by the West Pakistan Muslim Personal Law (Sharia) (Ordinance) Ordinance (XIII of 1983)] Special Relief Act (I of 1877), Section 42 inheritance custom applicable to the interests of the parties The owner of the property, I passed away 1934 They both inherited the property of the late son leaving his son and one daughter, the deceased's son was playing his sister's part, which later expired when The legal heirs of the deceased sister came to her mother's brother for his mother's parting in the land, he told them that no land was occupied by his mother. Yes, the deceased sister's legal heritage did not file a lawsuit for the declaration, which was authenticated by the trial court and the appellate court under the trial at the same time as the trial. The land was approved for a change of inheritance in favor of his son, his daughter was entitled to inherit 1 / 3rd of the property, leaving the plaintiff's claim. According to the law of inheritance, the original owner was his daughter at the time of the adoption of unapproved modifications, in which, in the presence of a male, women were excluded in the year 1935 to acquire the property of the deceased. And the entire property of the defendant / deceased original owner's son and the plaintiff's daughter / was excluded from the same inheritance due to the application of customs at the relevant time and Shariah was not applicable in respect of inheritance. During the lifetime of the defendant the defendant was granted the right to be the only male member in favor of his brother / defendant. High the conclusions of the courts

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