2021 M L D 1146
Islamic law---
----Inheritance---Right of---Correction in the revenue record--- Limitation---Scope---Devolution of inheritance of the property of the deceased without leaving male successor---Estate (suit- property) was transferred in the year 1917 to the widow who later transferred the same to her daughter---Plaintiffs (nephews of the deceased) contended that they were entitled to get share from the estate as after the death of their predecessor-in-interest suit land should have devolved upon all his legal heirs who were alive---Petitioners/defendants contended that the claim of the plaintiffs/respondents was hopelessly time-barred--Held, admittedly, the parties of the lis were Muslims and they were bound to Sharia-Predecessor-in-interest of the petitioners died in the year 1917 leaving behind one widow and one daughter only whereas the respondents/plaintiffs (being nephews of the said predecessor-in-interest) were collateral and all legal heirs were entitled to get their respective share---Even the pedigree mentioned the plaint rebutted jou the was petitioners/defendants---No concept of limited owner existed in Islam and as per Islamic Law, as described in the Surah tul Nisa of the Quran, after the death of a Muslim, his property was to be evolved legal heirs--- Respondents/plaintiffs, in the present case, were also entitled to inherit from legacy of the deceased---Predecessor-in-interest, in the present case, died in the year, 1917 and the moment he closed his eyes, all his legal heirs, according to Sharia, became absolute owners of their respective shares in estate of the deceased---Without resorting to the legal course of independent transaction, said ownership could not be taken, away by means of any unauthorized entry into the revenue record -If any entry was made in clandestine manner with collusiveness of the revenue staff, such entry was devoid of any legality or creating any valid right---Registration and sanctioning of mutation of inheritance was mere a formality to update the official record whereas all legal heirs of a deceased became owners of the property to the extent of their respective share until and unless they themselves legally alienated their said share/right further and they also became joint owners in the estate having constructive possession over their share---No limitation ran against the inheritance matters---No illegality or infirmity was found in the impugned judgments and decrees passed by both the Courts below---Revision was dismissed, in circumstances.
2021 M L D 1146
: Inheritance---Shares of heirs---Scope---Rights or shares of each and every Muslim inheritor in the estate of his deceased propositus was absolutely, conclusively and finally determined Muslim inheritors in the Holy Quran---Shares of were definite in nature and were described in Surah tul Nisa of the Holy Quran--- Shares of the legal heirs had also been described in Hadith "Sahi Bukhari Sharif".
: Punjab Laws Act (IV of 1872)---
.--S.5---Muslim Personal Law (Shariat) Application Act (XXVI of 1937), S.2---Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S.3---Muslim Personal Law (Shariat) Application Act (V of 1962), S.2---Inheritance---Rule of decision---Scope---Even after the establishment of British Rule over Subcontinent (India), the laws relating to a were safeguarded under the Punjab Laws Acț, 1872---Section 5 of the Punjab Laws Act, 1872 stipulated that rule of decision would be Islamic Law where the parties Laws were made community were Muslims and since then Shariat applicable where the parties were Muslims.
: Art.227---Provisions relating to the Holy Quran and Sunnah---Principles of Quran and Sunnah were declared as Supreme Law of Pakistan in terms of Art. 227 of the Constitution and all provisions, rules, regulations were to be legislated and framed within the precincts of Islamic Principles---Allah Almighty had ordained the Muslims to decide their disputes accorđing to the Principles of Quran (Shariah) which were mađe obligatory as described in Surah tul Maida of Quran.
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