KHUDA BAKHSH And Others vs MUHAMMAD DIN And Other
This petition for leave to appeal arises from impugned orders concerning the inheritance of land allotted to a widow. The petitioners contend that the allotment was made in lieu of rights abandoned in India as a limited owner, wherein upon her marriage or demise, the property should revert to the last male owner, her husband, and pass to his heirs. The core legal question involves the nature of a widow's allotment and the proper mode of succession upon her death. The court held that the contentions raised require consideration and granted leave to appeal, directing that respondents shall not alienate the property in the meantime. The key principle laid down is that questions concerning the nature of a widow's land grant and subsequent inheritance rights warrant a full hearing by the court.
- Whether land allotted to a widow in lieu of abandoned rights is held as a limited owner?
- Does property allotted to a widow revert to the last male owner upon her marriage or demise?
- Who is entitled to inheritance of property held by a widow as a limited owner?
ORDER
ABDUL SHAKURUL SALAM, J.---Petitioners seek leave to appeal on the contention that the land allotted to a widow has been taken as a "grant" and inheritance has been allowed to her own heirs in the impugned orders.
2. The submission of the learned counsel for the petitioners is that allotment to a widow is in lieu of rights abandoned in India which were in the circumstances those of a "limited owner", until marriage or demise in the eventof which the property was to go back to the last male owner, that is to say, her husband and inheritance was to be sanctioned in favour of his heirs, including the widow.
3. Contention raised requires consideration. Leave is granted. Security in the sum of Rs.2,000.
Respondents shall not alienate the property in the meanwhile. Appeal to be processed on present record subject to filing additional documents by either party if so desired.