(b) ---Inheritance--- Shia Law-- Childless widow-- Under shia Law childless widow was disqualified from claiming share from the estate of her deceased husband, bout only to the extent of lands (immovable property) left behind by her husband--Childless widow took no shaker in her husband's land but she was entitled to her one fourth share in the value of trees and buildings standing thereon, as well as in his movable property including debts due to him though they may be secured by usufructuary mortgage or otherwise.
(c) ---Inheritance --- Shia law-- childless widow-- where a widow never gave birth to a child from the propositus, she will not be entitled to inherits from the propositus, immovable property-- childless widow would also encompass those widows who, though had children with the propositus, but did not survive the propositus--- even if a widow has given birth to a child out her wedlock with the propositus, but such child died prior to the death of the propositus, the widow would not be entitled to inherit the immovable property of the propositus as she was a childless widow under the shia personal law.
2016 SCMR 1195 SC (Mst Noor Bibi & onother v/s Ghulam Qamar and another)
No comments:
Post a Comment
dont use bad word