Claim Property in Khula or Talaq in Pakistan:

 If you wish to know the law of claiming the property after talaq in Pakistan or khula in Pakistan you may contact Jamila Law Associates. The claim of plaintiffs/ Sons of deceased Owner were that deceased daughter of original Owner/ Even the will about these movables, though valid in English Law after talaq in Pakistan or khula in Pakistan, will be recognized by the Courts of this country so far as it is consistent with Islamic law. Benefits of Succession are open to all heirs, including both citizens of Pakistan and foreigners. 12. The daughter was excluded while attesting mutation.

Inheritance:

Through inheritance, brother became the owner of 2/3 of the property, while sister became the owner of the remaining 1/3 property. Sister came to own 1/3 of the property by operation of law and not by any mutation. It meant the mutation to record the legal entitlement of brother and sister. If the mutation were erroneously made in favor of the brother (only), such mutation after talaq in Pakistan or khula in Pakistan would not create a title favoring the brother by Sharia law of inheritance.

Possession:

Sister was co-owner of such property, and (exclusive) possession occupation of the property by her brother as the other co-owner could only be construed as possession on behalf of all co-owners, including the sister in question.  13.  Plaintiff is the only daughter of the predeceased son and would inherit two shares from her father’s property. In contrast of talaq in Pakistan or khula in Pakistan, the remaining share of the plaintiff’s father (predeceased son) would go to other collaterals.

Khula in Pakistan:

No doubt, after talaq in Pakistan or khula in Pakistan if she happened to inherit through her father, her father would be entitled to a 2/5 share in the property, but she being the only daughter, will inherit two claims from the property of his father-daughter of the deceased fourth son of last male owner. Mutation of the suit land was taken up and attested at a point in time when the previous male owner was not a confirmed allotted of land. A plaintiff who was the daughter of the deceased fourth son of the last male owner was entitled to inherit her grandfather’s property, i.e., the last male owner, to be the extent of her share in her father’s estate. It would be deemed that fourth 14.  The son survived his father, and then the plaintiff inherited on her father’s death her share as per Muslim Law on talaq in Pakistan or khula in Pakistan. Further held, she was entitled to 1/8h share of land.” 15.  Daughter of a deceased son. The intention of section 4 is to safeguard the interest of the children of predeceased son and not to deprive the other heirs of the propositions of their due.

Muslim Laws:

According to his share Muslim Laws, the grandchild shall inherit in the estate of his grandfather Muslim Laws the entitlement that their predeceased father would have in their grandfather. According to Islamic Law of talaq in Pakistan or khula in Pakistan, the grandchild is not entitled to more than could be inherited by him from the parents. The court’s findings below that plaintiff were entitled to inherit her father’s entire property, not by law.