When a Muslim had not received in his lifetime his share, same right stood transferred to his heirs

2020 S C M R 346
[Supreme Court of Pakistan]

S. 3(2)—Inheritance—Custom—Section 3(2) of Muslim Personal Law (Shariat) Application Act, 1935 (1935 Act)—Effect—Section 3(2) clearly indicated that notwithstanding any custom that was in force prior to the 1935 Act coming into force, whenever a question of succession upon the death of a Muslim arose in any Court, the Muslim Personal Law would be applicable with effect from the time of such death—Word ‘whenever’ contained in S. 3(2) was significant; it meant that whenever a question relating to succession of a Muslim was raised in any Court, the Muslim Personal Law had to be applied with effect from the time when the death had taken place irrespective of the fact that at that time some custom was in force.
(b) Islamic law—
—-Inheritance, right of—Scope—Muslim heir dying before claiming his right to inheritance—Effect— Right of an heir to claim inheritance did not dissipate with his death as upon his death, it passed on to his heirs and so on and so forth—So when a Muslim had not received in his lifetime his share in the property to which he was entitled under Muslim Personal Law then the same right stood transferred to his heirs—No death could prevent a rightful heir to claim his share in the inheritance of his predecessor to which predecessor was entitled under the provisions of Muslim Personal Law—Merely for the reason that one’s predecessor had died without claiming or receiving his share in the property that was inheritable by him under the Muslim Personal Law would be of no legal consequence.

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