- S . 4 --- Succession --- Widow of predeceased son --- Entitlement --- Scope --- Petitioner filed a suit for declaration to the effect that she being the widow of predeceased son of propositus was entitled in the legacy of her father - in - law --

 PLD 2023 Peshawar 6

Muslim Family Laws Ordinance ( VIII of 1961 ) ---

---- S . 4 --- Succession --- Widow of predeceased son --- Entitlement --- Scope --- Petitioner filed a suit for declaration to the effect that she being the widow of predeceased son of propositus was entitled in the legacy of her father - in - law --- Validity --- Section 4 of Muslim Family Laws Ordinance , 1961 clearly reflected the intention of legislature that in order to cater the suffering of sons or daughters of predeceased son , they could get their share as if the predeceased son or daughter was alive at the time of death of his / her propositus --- Question as to whether other legal heirs of predeceased son or daughter could also be benefited from the provisions of S. 4 , remained controversial , however , S. 4 I could not be interpreted other than as it was and for whose benefit it was promulgated --- In fact , the benefit was provided to the sons and daughters of a predeceased in the legacy of their propositus whereas the other legal heirs of a predeceased son / daughter might not be the legal heirs of grandfather or grandmother either in accordance with the text of the Holy Quran or tables provided by Islamic Law , especially the widow of predeceased son with relation to the legacy of her father - in law or mother - in - law , had got no concerned , whatsoever --- Neither she was sharer nor residuary --- Legacy of her father - in - law or mother - in law , in the event of the death of her husband in the lifetime of his father / mother , being predeceased son is not entitled