West Pakistan Muslim Personal Law (Shariat) Application Act, 1962

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THE WEST PAKISTAN MUSLIM PERSONAL LAW (SHARIAT) 
APPLICATION ACT, 1962 
 
 
 
                                                            
CONTENTS 
Preamble 
1. Short title and extent 
2. Application of the Muslim Personal law 
3. Termination of limited estates under customary law 
4. Further operations of certain wills shall cease on the death of legatee-in-enjoyment 
5. Devolution of property on the termination of life estate and certain wills 
6. Section 3, 4 and 5 only to be retrospective 
7. Repeal and Savings 
 
 
 
 
 
 
 

 
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THE WEST PAKISTAN MUSLIM PERSONAL LAW (SHARIAT) 
APPLICATION ACT, 1962 
WEST PAKISTAN ACT NO. V OF 1962 
[31th December, 1962] 
AN ACT 
to consolidate and amend the provisions for the application of Muslim Personal Law (Shariat) in the 
Province of West Pakistan. 
Preamble. WHEREAS it is expedient to consolidate and amend the provisions for the application 
of Muslim Personal Law (Shariat) in the Province of West Pakistan; 
 It is hereby enacted as follows: ___ 
1. Short title and extent . (1) This Act may be called the West Pakistan Muslim Personal Law 
(Shariat) Application Act, 1962.  
(2) It extends to the whole of the 1[Pakistan]. 
2. Application of the Muslim Personal Law. Notwithstanding any custom or usage, in all 
questions regarding succession (whether testate or intestate), special property of females, betrothal, 
marriage, divorce, dower, adoption, guardianship, minority, legitimacy or bastardy, family relations, wills, 
legacies, gifts, religious usages or institutions, including waqfs, trusts and trust properties, the rule of 
decision, subject to the provisions of any enactment for the time being in force, shall be the Muslim 
Personal Law (Shariat) in cases where the parties are Muslims. 
2[3. Termination of limited estates under customary law . The limited estates in respect of 
immovable property held by Muslim females under the Customary Law are hereby terminated: 
Provided that nothing herein contained shall apply to any such estate saved by any enactment, 
repealed by this Act, and the estates so excepted shall continue to be governed by that enactment, not  
withstanding its repeal by this Act.] 
4. Further operation of certain wills shall cease on the death of legatee-in-enjoyment. Where 
a will providing for more than one legatee succeeding to the testator's property one after the other is. 
Operative at the commencement of this Act, its further operation shall cease upon the death of the legatee-
in-enjoyment. 
 
1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Article 2 and Schedule. 
2Subs. by the West Pakistan Ordinance No. XXXIX of 1963, (w. e. f. 31.12.1962). s. 2. 
 
 
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5. Devolution of proper ty on the termination of life estate and certain wills.  The life estate 
terminated under section 3 or the pro perty in respect of which the further operation of a will has ceased 
under section 4 shall devolve upon such persons as would have been entitled to succeed under the Muslim 
Personal Law (Shariat) upon the death of the last full owner or the testator as though he had died intestate; 
and if any such heir has died in the meantime, his share shall devolve in accordance with Shariat on such 
persons as would have succeeded him if he had died immediately after the termination of the life estate or 
the death of the said legatee: 
Provided that the share to which a Muslim female holding limited estate under customary law 
would have been entitled under the Muslim Personal Law (Shariat) upon the death of the last full owner 
shall devolve on her. 
6. Section 3, 4 and 5 only to be retrospecti ve. Save as expressly provided by the provisions of 
sections 3, 4 and 5, this Act shall have no retrospective operation. 
7. Repeal and Savings. (1) The following enactments are hereby repealed:__ 
(a) The Punjab Limitation (Custom) Act, 1920 (Punjab I of 1920); 
(b) The Punjab Custom (Power to Contest) Act, 1920 (Punjab II of 1920); 
(c) The Muslim Personal Law (Shariat) Application Act, 1937  (Central XXVI of 
1937), in its application to West Pakistan; 
(d) The North-West Frontier Province Muslim Personal Law (Shariat) Application Act, 
1935 (N.W.F.P. VI of 1935); 
(e) The Punjab Muslim Personal Law (Shariat) Application Act, 1948  (Punjab IX of 
1948); 
(f) The Muslim Personal Law (Shariat) Application (Sind Amendment) Act, 1950  
(Sind XXII of 1950); 
(g) The Bahawalpur State Shariat (Muslim Personal Law) Application Act, 1951  
(Bahawalpur I of 1950); 
(h) The Khairpur State Muslim Female Inheritance (Removal of Customs) Act, 1952  
(Khairpur I of 1952). 
1[(2)  * * * * * * *] 
________                                              RGN Date: 24-03-2025 
 
1Omitted by West Pakistan Act No. XXVIII of 1964, s. 2.