Updated: Friday November 09, 2012/AlJumaa
Thoul Hijjah 25, 1433/Sukravara
Karthika 18, 1934, at 07:39:01 PM
The Punjab Muslim
Personal Law (Shariat) Application (Removal of Doubts) Ordinance, 1972
ORDINANCE IX OF 1972
[Gazette of Punjab, Extraordinary, 12th April 1972]
No. Legis: 3 (9)/72.--The following Ordinance by
the Governor of the Punjab is hereby published
for general information:---
An Ordinance to make
provision for
removal of doubts
in regard to the
termination of limited
estates in respect
of immovable property held
by Muslim females
under the Customary Law
Preamble.---
Whereas doubts have arisen in, regard to the termination of limited estates in
respect of immovable property held by Muslim females under the Customary Law;
And whereas it is expedient to remove such doubts;
Now, therefore, in pursuance of the Martial Law Proclamation of 25th March 1969 read
with the Proclamation of 20th December 1971 and the Provisional Constitution
Order, and in exercise of all powers enabling him in that behalf, the Governor
of the Punjab is pleased to make and promulgate the following Ordinance :--
1.
Short title, extent and commencement.---
(1)
This Ordinance may be called the Punjab
Muslim Personal Law (Shariat) Application (Removal of Doubts) Ordinance, 1972.
(2)
It extends to whole of the Punjab.
(3)
It shall come into force at once and shall be deemed to have taken effect from
the 31st day of December 1962.
2.
Removal of doubts.---
(1)
Notwithstanding anything contained in the West Pakistan Muslim Personal Law
(Shariat) Application Act, 1962 (West Pakistan Act V of 1962), the West
Pakistan Muslim Personal Law (Shariat) (Amendment) Ordinance, 1963 (West
Pakistan Ordinance XXXIX of 1963), the West Pakistan Muslim Personal Law
(Shariat) Application (Amendment) Act, 1964 (West Pakistan Act XXVIII of 1964)
or any other law, or any decree, judgment, or order of any Court or other
authority, or any proceedings pending before any Court or other authority, the
limited estates in respect of immovable property held by Muslim females under
the Customary Law shall be deemed to have been terminated with effect from 31st
day of December 1962.
(2)
All decrees, judgments or orders passed in any suit, appeal or other
proceedings by any Court or other authority which are inconsistent with the provisions
of subsection (1) shall be of no legal effect and such suits, appeals or other
proceedings shall be decided afresh on the application of any person affected
by such decree, judgment or order.
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