Muslim Family Laws Ordinance, 1961
Form II (Rules 8 and 10 of the West Pakistan Rules)
A married woman elects to gift, sell or otherwise dispose of her property neither her husband nor any male relative has any right over it– Mst. Khurshida was not a signatory to the Nikahnama nor had she, at any stage, agreed to transfer the Property to Mehreen. Mst. Khurshida’s husband could not have made a commitment on her behalf with regard to the Property. Mehreen also did not array her husband as a party to the suit even though he was a necessary party thereto. Mehreen undoubtedly had a valid claim against her husband with regard to the dower promised by him at the time of marriage, as mentioned in the Nikahnama, and could claim the value of the Property from him however she elected not to do so but instead lay claim to the Property. Be that as it may, Mehreen could still claim from her husband any part of her dower which remains unpaid. …Fawad Ishaq =VS= Mst. Mehreen Mansoor, (Civil), 2021(2) [11 LM (SC) 19] ....View Full Judgment

Muslim Family Laws Ordinance, 1961
Section 4 r/w
The Constitution of Pakistan
Article 185(2)(d)
On the death of Ahmad, his legal heirs would inherit his estate, including his granddaughter as per section 4 of the Muslim Family Laws Ordinance, 1961–– The appellant had claimed her right to the inheritance in the property left by her paternal grandfather, Ahmad. The appellant’s father, Fazal Elahi, died in the 1971 war, when Fazal Elahi’s father (Ahmad) was still alive. At the time the appellant was four years old. Her claim rests on section 4 of the Muslim Family Laws Ordinance, 1961.–– The learned Judge was also impressed by the purported belated filing of the suit, without appreciating that if the gift deed and the gift mutation could not be sustained then the appellant would be deemed to have immediately become the owner7 of her share in the estate of Ahmad on his death, as prescribed by section 4 of the Ordinance. As noted above, the donees/uncles had failed to establish or sustain the said gift. There was also the additional factor (discussed above) that they had not accepted the said gift. Consequently, on the death of Ahmad, his legal heirs would inherit his estate, including his granddaughter (the appellant herein) as per section 4 of the Ordinance. .....Kalsoom Begum(Mst.) =VS= Peran Ditta, etc., (Civil), 2022(2) [13 LM (SC) 17] ....View Full Judgment