2023 MLD 1484

Family Laws Ordinance ( VIII of 1961 ) ---

---- S . 4 --- Succession --- Scope --- Purpose of S. 4 of the Muslim Family Laws Ordinance , 1961 is to protect the right of orphan -- Under the provision , the predeceased children of a deceased cannot be deprived from inheritance in any manner --- Section 4 the Muslim Family Laws Ordinance , 1961 , is clear and no ambiguity is left --- Children of predeceased son or daughter are entitled to inherit the property of their grandfather on his death --- Section 4 the Muslim Family Laws Ordinance , 1961 , entitles the grandchildren for receiving the share which their father would have inherited had he been alive --- Though the Federal Shariat Court has declared the S. 4 of the Muslim Family Laws Ordinance , 1961 , to be repugnant to Islam but the operation of verdict stands suspended automatically in the wake of an appeal filed before the Supreme Court .