2023 Lahore 900
Section 20 of the Act, 1912 deals with inheritance of tenancy rights which describes that upon the death of original tenant, in the absence of male lineal descendants, the tenancy shall devolve upon the widow of the tenant until she dies or remarries, failing the widow tenancy to devolve upon the un-married daughters of the tenant until they died or marry or lose their rights under the provisions of the Act 1912.
The rules of succession contained in clauses “a”, “b”, & “c” of Section 20 of the Act, 1912 provide that a widow inherited the tenancy under Section 20(b) in the absence of male lineal and is subject to the condition that she will hold the estate only till she remarries or dies or otherwise losses her right under the provisions of the Act, 1912. Meaning thereby, the estate being conferred on her was only limited one and the character of this limited estate was determined only by the statute. Whereas, in presence of widow, daughters will not inherit the tenancy rights and they will only succeed under Clause “c” when neither any male lineal descendants are available nor any widow is survived at the time of opening of succession of tenancy rights. 9. Section 20 of the Act, 1912, governs the succession to the tenancy rights of the original tenant whereas, Section 21 of the Act, 1912, contained the rule of successions of the tenant who inherited the same from the original tenant.
Sections 20 & 21 of the Act, 1912, therefore, embodied two different rules of successions to the tenancy of deceased tenant applicable in different situations. Section 20 of the Act, 1912 applies to successions of tenants who are original tenants whereas Section 21 governs the case of the tenants who acquires by the succession the tenancy.
No doubt the newly inserted section 19-A of the Act, 1912 purports to apply the Muslim Personal Laws to all cases formally governed by Section 20 to 23 of the Act, 1912. The newly inserted Section 19-A, the provisos to which are couched in practically, the same language as Section 3 of the West Punjab Muslim Personal Law (Shariat) Application Act, 1948, but the same has also brought a few minor changes in the course of succession in cases formerly governed by clause (b) of Section 21 of the Act, 1912. One of these changes is that, whereas, formerly if succession opened out on the termination of the interest of a female tenant, the tenancy rights were to be deemed to be agricultural land acquired by the original tenant, after the insertion of Section 19-A, such tenancy rights are to be deemed to be the property of the last male owner who may or may not have been the original tenant.
This case clearly falls under Section 19-A of the Act, 1912 which provides that “when the tenancy rights are held by a female as a limited owner under this Act, succession shall open out on the termination of her limited interest to all persons who would have been entitled to inherit the property at the time of the death of the last full owner, had the Muslim personal law (Shariat) been applicable at the time of such death, and in the event of the death of any of such persons before the termination of the limited interest mentioned above, succession shall devolve on his heirs and successors existing at the time of the termination of the limited interest of the female as if the aforesaid such person had died at the termination of the limited interest of the female and had been governed by the Muslim Personal Law (Shariat)”. It was further provided that “the share, which the female limited owner would have inherited had the Muslim Personal Law (Shariat) been applicable at the time of the death of the last full owner shall devolve on her if she loses her limited interest in the property on account of her marriage or remarriage and on her heirs under the Muslim Personal Law (Shariat) if her limited interest terminates because of her death.”
Civil Revision-Civil Revision (Against Decree)
270-97
2024 YLR 1394
2023 Lahore 900
Civil Revision-Civil Revision (Against Decree)
270-97
2024 YLR 1394
2023 Lahore 900
Mutations are never the instrument of title and the same are also not a part of the record of right and do not create any title and they are sanctioned only for fiscal purpose, with a view to keep the record straight. Entries embodied in the mutation and the endorsement made by the Assistant Collector of either grade can conveniently be challenged and brought under impeachment before the Civil Court. Mutation which has been sanctioned to the exclusion of the legal heirs of the deceased was nothing but a waste paper, running counter to the Shariah by which the Muslim right holders are governed.
Civil Revision-Civil Revision (Against Decree)
270-97
2024 YLR 1394
2023 Lahore 900
The grandchildren are entitled to receive share equal to the share of their mother or father in view of section 4 of the Ordinance, 1961 irrespective of the fact their mother or father died before or after the promulgation of the Ordinance, 1961 and the only condition is that the succession should be open after the promulgation of the Ordinance, 1961.
Civil Revision-Civil Revision (Against Decree)
270-97
2024 YLR 1394
2023 Lahore 900
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