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AMJAD HUSSAIN versus SHAGUFTA


Section 5 of the Constitution of Pakistan 1973, West Pakistan Family Courts Act (XXXV of 1964), Section 5 Registration Act (XVI of 1908), Sections 17 and 49 of Pakistan (1973), Article 199 Constitutional application to immovable property by the husband Transferring from a wife through a marriage contract which was not registered under the Registration Act, 1908, the valid marriage of the family parties was in the form prescribed under the Muslim Family Law Ordinance, 1961, and the rules made thereunder by the marriage registrar. Registered according to fixed mode and thus the spouse had a different status from any unregistered document by which some non-registered The real estate was intentionally transferred. The affidavit was a public document executed by a public official, whose certified copy is sufficient to substantiate its contents unless the effect of its recovery is obtained through confidential evidence. The intention by which the immovable property was transferred was, therefore, not required to be registered under the Lee Registration Act, 1908, and the wife was entitled to claim the immovable property on the basis of the marriage contract in which Dover. Instead she was involved.

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