Question:
Aik banda jiski death ho chuki h
Death k baad wursa main waldain 2 biwia r bacha hain
APIs main larai ki wjha sy court main case kr diya gya civil suit lakin Uska faisla ab tk nhi hua r walid ki death ho gai bete ki death k aik saal baad
To kya ab warasat mai walid ka share usk wursa ko jye ga ya khatam ho jye Ga?
Jbk walid ka apna ghar alag tha r ye Sb property bete ny khud banai thi
R kuch property sy rent aata h to kya wo rent sirf wife’s main divide hoga ya waldain ka hissa bhi hoga rent main?
Answer:
In the matter of inheritance distribution following a death, and subsequent deaths of legal heirs, several aspects must be considered under Pakistani law, particularly concerning the devolution of property and the distribution of rental income.
Devolution of Property After Subsequent Death
When a person dies, their estate devolves upon their legal heirs according to Muslim Personal Law. If a legal heir (in this case, the father) dies after the initial death but before the distribution of the estate, their share in the inheritance devolves upon their legal heirs. This principle is well-established in Islamic jurisprudence.
As per Section 5 of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, the share of any heir who dies after the death of the initial propositus but before the distribution, devolves upon the heirs of the deceased heir: “The life estate terminated under section 3 or the property in respect of which the further operation of a will has ceased under section 4 shall devolve upon such persons as would have been entitled to succeed under the Muslim Personal Law (Shariat) upon the death of the last full owner or the testator as though he had died intestate; and if any such heir has died in the meantime, his share shall devolve in accordance with Shariat on such persons as would have succeeded him, if he had died immediately after the termination of the life estate or the death of the said legatee”.
Inheritance Rights of Grandchildren
Section 4 of The Muslim Family Laws Ordinance, 1961 addresses the inheritance rights of grandchildren whose parents died before the opening of succession.
The_Muslim_Family_Laws_Ordinance_1961, Section 4, states: “(1) In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.”
Several judgments reinforce this principle:
- Bashir Ahmad and 2 others Versus Atta Muhammad Khan and 20 others, 2005 SCMR 1271, highlights that the children of a pre-deceased daughter are entitled to inherit their mother’s share in their grandfather’s estate.
- Mst. KHATOON Versus Mst. FATIMA and others, 2006 MLD 920, supports the daughter of a pre-deceased son inheriting a share of the property upon the termination of a life estate.
Therefore, in your scenario, the father’s share would devolve to his legal heirs, which could include his other children, widow, etc. The fact that the property was self-acquired by the son does not change the principles of inheritance.
Distribution of Rental Income
Rental income from the property should be distributed among all legal heirs according to their respective shares in the inherited property. This principle is further elaborated below:
Administration Suit
To resolve disputes and ensure proper distribution, an administration suit may be necessary.
Competency and Maintainability
- Asghar Ali v. Mrs. Zohrabi and another, 2000 MLD 122, reinforces the permissibility and preference for administration suits in cases involving the distribution of a deceased’s estate among legal heirs under Muslim Law. The court clarified the entitlement of legal heirs when properties are admittedly in the name of the deceased.
- Mrs. SAMIA AAMIR versus Mst. SALMA NILOFAR and 4 others, 2015 YLR 1755, clarifies that in administration suits, properties alleged to be benami can be included for consideration, even if they are not directly in the deceased’s name.
- MUHAMMAD SULEMAN and others Versus MUHAMMAD AHSAN and others, 2017 M L D 1867, reinforces the principle that an administration suit is the proper forum for resolving disputes among heirs, including those related to ownership of property within the estate. It also underscores the test to establish whether a determination lies within the scope of administration suit in light of the inter se position of the sharers.
Oral Gift
The court in W.T.A. No.206/KB of 1996‑97, 2004 PTD (Trib.) 1523, examined the validity of oral gifts under Muslim Law and, in particular, held that under Section 129 of the Transfer of Property Act the “gift of immovable property made under Muslim Law is expressly excluded from registration.” The Tribunal emphasized that registration is merely evidence of a gift, not essential for its validity under Muslim Law.
Conclusion
Given the details provided:
- The father’s share in the son’s estate will devolve to the father’s legal heirs, not extinguished by his death after the son but before the court’s decision.
- Rental income from the inherited property must be distributed among all legal heirs based on their respective shares in the property.
- An administration suit may be necessary to resolve the dispute and ensure equitable distribution of assets.
This legal advice is based on the facts provided and the statutes and judgments cited. For a definitive resolution, it is recommended to consult with a qualified legal professional who can review all relevant documents and provide advice tailored to your specific situation.