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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