ABDULLAH vs Mst. JANNA T BIBI and others
This petition for leave to appeal arose from a dispute over the inheritance of landed property originally owned by one Nabia, who died in 1947 without male issue. Inheritance was initially mutated in favor of his widow, Mst. Rehmoon. Mst. Rehmoon subsequently gifted the entire property to her son from a previous marriage, the petitioner, Abdullah. The respondents, being the daughters and nephews of the deceased Nabia, filed a suit for joint possession of 7/8th of the land. The petitioner argued that Mst. Rehmoon held the property as a full owner under custom and was entitled to gift it. The lower courts decreed the suit in favor of the respondents. The Supreme Court dismissed the petition, holding that Mst. Rehmoon was merely a limited owner. The Court affirmed that even without the application of the West Pakistan Muslim Personal Law (Shariat Application) Act 1962, the gift was unsustainable. Upon the death of the original owner, the widow was entitled only to a 1/8th share, while the respondents were entitled to the remaining 7/8th share of the estate.
- Whether a widow holding property as a limited owner under custom is entitled to gift the entire estate to the exclusion of other legal heirs?
- Does the West Pakistan Muslim Personal Law (Shariat Application) Act 1962 affect the validity of a gift made by a limited owner prior to its enactment?
- What is the entitlement of a widow in the estate of her deceased husband who died without male issue under customary law?
- West Pakistan Muslim Personal Law (Shariat Application) Act 1962
ORDER
1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore dated 30th November, 1981 whereby R.SA. Of the petitipner was dismissed.
2. ' Briefly the facts are that Nabia who was the original owner of the disputed land died without male issue in 1947. Consequently mutation of inheritance of his landed property was sanctioned in favour of Mst. Rehmoon as his widow on 21st April 1948. This Mst. Rehmoon had a son from her previous husband and that is Abdullah the present petitioner. Mst. Rehmoon made a gift of the whole property of Nabia in favour of the petitioner vide registered gift deed attested on 26th June, 1957. Respondents Nos.1 and 2 are daughters of Nabia and respondents Nos.3 and 4 are nephews of Nabia. The respondents filed a suit for joint possession of 7/8th share in the aforesaid land. The petitioner resisted the suit among others on the ground that under special custom Mst. Rehmoon had succeeded as full owner, and therefore, she was capable of making the gift of her property in his favour. The Senior Civil Judge Sheikhupura decreed the suit as against the petitioner whose appeal was dismissed by the Additional District Judge and his R.S.A. Was also dismissed by the High Court. Hence the present petition.
3. ' The argument of the learned counsel before us is that West Pakistan Act V of 1962 (West Pakistan Muslim Personal Law (Shariat Application) Act 1962) whereunder the limited interest of females was abolished came in force on 31st December, 1962 whereas Mst. Rehmoon in the present case had already made the gift of the disputed property in her possession in favour of the petitioner and that therefore the respondents were not entitled to obtain joint possession of 7/8th share in the aforesaid land. But this argument of the learned counsel has no force. Mst. Rehmoon was a limited owner and even if Act V of 1962 had not come into force on 31st December, 1962 the gift in favour of the petitioner made by her of the estate was not sustainable for on her death when the inheritance of Nabia was to reopen she would have only been entitled to 1/8th share whereas respondents Nos.1 and 2 would have taken 2/3rd and respondents 3 and 4 the rest. Consequently the Courts below were correct in arriving at the conclusion that the respondents were entitled to the extent of 7/8th share in the estate in question.
4. ' In that view of the matter no ground is made out for interference. This petition is consequently dismissed.
Cited by 3 cases
- MANZOOR HUSSAIN (deceased) through Legal Heirs, etc vs Muhammad 2020 CLC 400, 2020 PLJ Lahore 172, 2019 LHC 4110
- Ghulam Sher etc vs Mst. Bibi Shan etc 2016 PHC
- GHULAM SHER and 6 others vs Mst. BIBI SHAN and 21 others 2017 PLD Peshawar 88