Property After Khula and Talaq in Pakistan:
If you wish to know the law for property division after talaq in Pakistan or khula in Pakistan you may contact Jamila Law Associates. The petitioner’s grandfather was alive when s. 4, Muslim Family Laws Ordinance, 1961, came into force for talaq in Pakistan or khula in Pakistan. Petitioner being daughters or predeceased son of porosities entitled to claim their share of the inheritance.
Provision of S. 4:
Provision of S. 4 is not contrary to the injunctions of Islam and is effective and part of the statute. The grandson/ daughter is entitled to inherit a share of their father going to him from their grandfather’s estate. Purpose and Scope. Section 4 has been enacted to cater to grandchildren’s needs and remove their sufferings, but it cannot be interpreted to decrease the shares of other descendants. Both the statutes can stand together for talaq in Pakistan or khula in Pakistan. On termination of the life estate, children of predeceased daughter or son of last full owner would inherit.
The last full owner thus would be succeeded by his heirs, the widow, sister, and predeceased daughter’s or son’s children. Predeceased brother’s son would not inherit. Under a section in the events of the death of any son or daughter of porosities before the opening of the succession, children of such son or daughter, if any, alive at the time when Succession opens, would receive a share equivalent to the share of such son or daughter had received alive even after talaq in Pakistan or khula in Pakistan. Objects and relation behind S. 4 of Muslim Family Laws Ordinance, 1961 is to facilitate the distress of those unfortunate children whose father or mother had died in the lifetime of their grandfather.
Khula in Pakistan:
Regarding the talaq in Pakistan or khula in Pakistan Orphan grandchildren sought to be compensated in such a way giving a share in inheritance to which their father or the mother would have been entitled. In a matter of inheritance, neither limitation nor conduct of parties can stop them from claiming their legal share. Provisions are well defined, and no ambiguity is left to an analogy. Children of predeceased brothers and sisters fall under the category of distinct kindred, who could only inherit a share when the and residuary. Where brothers and sisters survive deceased as a sharer and residuary and therefore share distinct kindred even after talaq in Pakistan or khula in Pakistan.
Legal heirs of predeceased brother and sister of deceased listed as applicants are not entitled to any shares as an inheritance. Section 4, Muslim Family Laws Ordinance, 1961, had already come into effect when the respondents’ grandfather was still alive.
Thus be applicable as the law giving the right to respondents being daughters of predeceased sons of porosities to claim their share of the inheritance even after talaq in Pakistan or khula in Pakistan. Provisions S. 4 of the Ordinance are not contrary to the Injunctions of Islam are effective, and part of the statute, and thus, the respondent was entitled to inherit. Part of their father, going to him from the estate of respondent’s grandfather.