PUNJAB MUSLIM PERSONAL LAW (SHARIAT) APPLICATION (REMOVAL OF DIFFICULTIES) ACT, 1975

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: b4ab299b5ba0e2d1634f020f248bbad518a32c32141a8858271c62908c2dc14b.

THE PUNJAB MUSLIM PERSONAL LAW (SHARIAT) 
APPLICATION (REMOVAL OF DIFFICULTIES) ACT, 1975 
(XXV of 1975) 
CONTENTS 
1. Short title, commencement and extent 
2. Removal of difficulties 
3. Permission to file fresh suits, etc 
4. Bar to claim adverse possession 
5. Repeal of Punjab Ordinance No. V of 1975 
 
TEXT 
1
THE PUNJAB MUSLIM PERSONAL LAW (SHARIAT) APPLICATION 
(REMOVAL OF DIFFICULTIES) ACT, 1975 
(XXV of 1975) 
[31st March, 1975] 
An 
Act 
to provide for the removal of difficulties of the lawful heirs of last male holders in 
respect of the limited estates held by refugee females and to protect their rights with 
respect to the said property. 
Preamble.–  WHEREAS refugee females who were limited owners under custom 
were allotted evacuee property in the Punjab and such allottees were erroneously 
treated as full owners of the property allotted to them; 
 AND WHEREAS the Supreme Court of Paki stan has held that allottees are 
limited owners under custom; 
 AND WHEREAS it is expedient to extend the benefit of the said decision of 
the Supreme Court of Pakistan to the persons aggrieved by the said erroneous view; 
 It is hereby enacted as follows:– 
1. Short title, commencement and extent .– (1) This Act may be called the 
Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 
1975. 
 (2) It shall come into force at once but shall be deemed to have taken 
effect on and from the 15th day of March, 1948. 
 (3) It extends to the whole of the Punjab. 
2. Removal of difficulties.– Notwithstanding anything to the contrary contained 
in any other law for the time being in force, all decrees, judgments or orders passed 
in any suit, appeal or o ther proceedings by any court or other authority treating a 
refugee female allottee as full owner of the property allotted to her in lieu of the 
property abandoned by her in India or to which she was otherwise entitled, as a 
limited owner, shall be of no l egal effect and such suit, appeal or other proceedings 
shall, on an application made by an affected person within one year of the 
commencement of this Act, be decided afresh. 
3. Permission to file fresh suits, etc .– Any person aggrieved by an alienation 
or an order of succession with regard to any property allotted to a refugee female in 
lieu of the property abandoned by her in India or to which she was otherwise entitled 
as a limited owner under custom and who could not challenge such alienation or 
succession, may call it in question in a court or before any other authority within one 
year of the commencement of this Act. 
                                                 
1This Act was passed by the Punjab Assembly on 18 th February, 1975; assented to by the Governor of the Punjab on 31 st 
March, 1975; and published in the Punjab Gazette (Extraordinary), dated 31st March, 1975, pages 237-M to 237-N. 
4. Bar to claim adverse possession .– Any person who claims to have 
acquired any right or interest in property whether by alienation, succ ession or 
otherwise, originally allotted to a refugee female limited owner, shall have no right to 
plead adverse possession against any lawful heir of the last male holder. 
5. Repeal of Punjab Ordinance No. V of 1975 .– The Punjab Muslim Personal 
Law (Shari at) Application (Removal of Difficulties) Ordinance, 1975 (Punjab 
Ordinance No. V of 1975), is hereby repealed.