What are the important features of Muslim Personal law Application Act 1962?

What are the important features of Muslim Personal law Application Act 1962?

(1) Introduction

West Pakistan Muslim Personal Law (Shariat) Act of 1962 has repealed Muslim Personal Law (Shariat Application) Act of 1937 and provincial legislation on application of Muslim personal law. This new Act has directed application of Muslim personal law to all questions of personal status and succession in all those cases where parties are Muslims.

(2) Salient Features Of West Pakistan Muslim Personal Law (Shariat Application) Act, 1962

Followings are salient features of West Pakistan Muslim Personal Law (Shariat Application) Act, 1962

(i) Succession prior to Act IX of 1948

(ii) Termination of limited estate under Law

(iii) Cessation of further operation of certain will

(iv) Devolution of property on termination of life estate & certain wills

(v) No retrospective operation

 

(i) Succession Prior To Act IX of 1948

According to this Act, where before commencement of Punjab Muslim Personal Law (Shariat Application) Act, 1948 a male heir had acquired any agricultural land under custom from that person, who was a Muslim at time of such acquisition, he shall be deemed to have become an absolute owner of such land upon such acquisition, as if such land had devolved on him under the Muslim Personal Law (Shariat).

(ii) Termination Of Limited Estate Under Customary Law

This Act has terminated limited estates in respect of that immovable property, which was held by Muslim females under Customary Law…

(iii) Cessation Of Further Operation Of Certain Wills

Under this Act, where a will had provided for more than one legatee, who succeeded to testator’s property one after other and such will was operative at commencement of this Act, its further operation shall cease upon death of legatee-in-enjoyment.

(iv) Devolution Of Property On Termination Of Life Estate & Certain Wills

According to this Act, life estate terminated under its Section 3 or property in respect of which further operation of a will has ceased under its Section 4 shall devolve upon such persons as would have been entitled to succeed under Muslim Personal Law (Shariat) upon death of last full owner or testator; and if any such heirs has died in meantime, his share shall devolve in accordance with Shariat on such persons as would have succeeded him, if he had died immediately after termination of life estate or death of said legatee.

(v) No Retrospective Operation

Provisions of Sections 3,4 and 5 of this Act shall have no retrospective operation.

(3) Conclusion

To conclude, it can be stated that customary law. and not Muslim Law was followed in British India in matter of inheritance in respect of agriculture land. Even Muslim Personal Law (Shariat) Application Act of 1948 also failed to apply Muslim Law in matter of inheritance in respect of agricultural land. It was, in fact, West Pakistan Muslim Personal Law (Shariat Aplication) Act of 1962, which has applied Muslim Law in matter of inheritance in respect of agriculture land.

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