-Purpose of enacting S.4 in Muslim Family Laws Ordinance, 1961, was to cater the need of grandchildren to remove their sufferings but this provision could not be interpreted in a manner affecting the shares of other descendants in the property in accordance with law of Shariah-

2005 SCMR 1595 

Law of Shariah was not overridden by S.4 of Muslim Family Laws Ordinance, 1961, and consequently the parties would not get more than their shares in the property in accordance with law of Shariah---Widows and daughters of predeceased son would get what they were entitled on the death of predeceased son, after opening of succession of father of the predeceased son---Purpose of enacting S.4 in Muslim Family Laws Ordinance, 1961, was to cater the need of grandchildren to remove their sufferings but this provision could not be interpreted in a manner affecting the shares of other descendants in the property in accordance with law of Shariah---Heirs of predeceased children, according to law of Shariah, would inherit what their father or mother would have inherited during their life time on the opening of succession.




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