Monday, 17 September 2018

Custom


1.       Transaction of gift made by widow prior to 15-3-48 would stand protected on basis of PLD 1985 SC 407. Land inherited under custom before 15-3-48 by vendor/ donor would be deemed to have been inherited under Muslim Shariat Law and person inheriting the same would be absolute owner. 1998 CLC 41.
Custom abrogated. NLR 2007 Civ. 449.
2.       Mutation under custom, daughter debarred from inheritance, no limitation in such a case, daughter given 1/3rd of inheritance. 2002 CLC 2001.
3.       Wajib-ul-Arz of 3 villages where disputed property is situated clearly mentioned that deceased being 5 years was governed by Muslim Personal Law, very strong evidence is required to rebut oral evidence. Insufficient for custom. PLJ 1997 Lah. 1183; custom not proved, distributed according to Muslim Law. 2002 CLC 1539.

Section 2A protected past and closed transaction if possession is delivered under transaction. If one of the two conditions are missing the judgement would be void and in executable. NLR 2007 Civ. 449

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