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Petitioner: MST. NAIK BAKHT VS Respondent: SULTAN KHAN-ALLAHYAR KHAN AND OTHERS
P L D 1963 W
P L D 1963 W. P. (Rev.) 64
Before Nasir Ahmad, Member Board of Revenue West Pakistan
Mst. NAIK BAKHT-Petitioner
versus
SULTAN KHAN-ALLAHYAR KHAN AND OTHERS Respondents
Revision No. 54 of 1961-62, decided on 1st November 1962, District Campbellpur.
Mutation-(Muhammadan Law)----
---Registered will in favour of widow, heir of last male-holder of land-Not valid-Mutation not to he sanctioned.
S. M. Hussain for Petitioner.
ORDER
The facts of this revision petition are not in dispute. The only point for consideration is whether a will made in favour of the widow who is an heir of the last male-holder of land in dispute is valid under the Muslim Law thereby giving her a greater share than that which she would have received under the Shariat. The Collector as well as the learned Additional Commissioner have held that the will is invalid even though it was a registered document. Nor could be incorporated in the Revenue Records as it had not been acted upon during the life time of the testator. It is clear not a gift and is obviously invalid. It would be for the widow in a case of this kind to seek her remedy in a Civil Court and prove that she is entitled both under the will and under Shariat to a greater share and not for the other heirs who have declined to give their consent to the bequest. The learned counsel has tried to rely on the fact that the will is a registered document but as pointed out by me above the document had not been acted upon during the life time of the testator. In my opinion the decision arrived at is correct and I would dismiss the revision.
K. M. A. Revision dismissed.