Tuesday, 18 September 2018

Heirs of predeceased sons/ daughters

1.      Provisions of Section 4 would be applicable when last male owner has died in 1925 and life estate terminated in 1984. NLR 1997 Civ. SC 276. Son entitled to share of his father who predeceased. 2007 UC 962.
2.       Claim of appellant to exclude children of predeceased daughter was untenable. NLR 1992 Civ. SC 1.
3.       Each individual would not get share in his/ her individual capacity as distribution contemplated in Section 4 of Family Laws Ordinance is per strips and not per capita. NLR 1990 SCJ 841. Widow of predeceased son not entitled to inheritance. 2007 SCMR 387.
Decision of Federal Shariat Court has been suspended therefore predeceased sons and daughters entitle to inheritance. 2007 UC 962.
4.       Children of pre-deceased daughter of last full owner will inherit the same which would have got as if she was alive at the time of opening of succession u/s. 5 of Shariat Application Act, 1962. 1997 SCMR 281 PLD 1986 SC 228; 2006 YLR 889.
5.        Death in 1969, no retrospective effect. PLD 2000 FSC 1, 2002 CLC 285.
6.       Daughter or son of predeceased mother inherits share of her mother. 1994 YLR 2182, 2003 MLD 484. Daughter gets ½ share. 2003 SCMR 1664.
7.       Heirs of deceased not deprived of inheritance. 2001 CLC 13; 889. 2735.
8.       Female child of pre-deceased father is entitled to his entire share which he would have inherited if alive and not share which she would be entitled under Islamic Law. NLR 1998 AC 273. Principle of nearer in degree is done away y Section. NLR 2007 UC 962.
9.       Legal heirs of mother of predeceased would be entitle to the due shares in assets of predeceased son. NLR 1997 AC 677; 2007 CLC 1787.
10.   Children of predeceased sons and daughters would be entitled to inheritance u/s 4. NLR 2000 CLJ 450; PLD 2003 SC 475; PLJ 2003 SC 689 (grandson).
11.   Death took place in 1958, not retrospective effect. Therefore, children of predeceased sons not entitled to inheritance. NLR 2002 CLC 819.
12.   31-3-2000 is the final date of death of deceased for inheritance of predeceased son and daughter. NLR 2001 SCJ 670.

13.   Decision of Federal Shariat Court regarding inheritance of grandsons/ daughter takes effect from 31-3-2000 (PLD 2000 FSC 1) after appeal pending before SC. PLJ 2002 Lah. 2053. This decision stands suspended. PLJ 2003 SC 689. 

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Salman Yousaf Khan
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