ENACTMENT NO. 3 OF 1952
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1952

PART III - RELIGIOUS COURTS
Jurisdiction



Section 47. Inheritance certificates.

If, in the course of any proceedings relating to the administration or distribution of the estate of a deceased person who professed the Muslim religion, any Court or authority, other than the Court of the Kathi Besar or a Court of a Kathi, shall be under the duty of determining the persons entitled to share in such estate, or the share to which such persons are respectively entitled, the Court of a Kathi, if the gross value of the estate does not appear to him to exceed five thousand dollars, and the Court of the Kathi Besar in any case, may, on a request by such Court or authority, or on the application of any person claiming to be a beneficiary and on payment by him of the prescribed fee, certify , upon any set of facts found by such Court or authority, or on any hypothetical set of facts, its opinion as to the persons who are, assuming such facts, whether as found or hypothetical, entitled to share in such estate and as to the shares to which they are respectively entitled. The Court of the Kathi Besar or Kathi may, before so certifying its opinion, require to hear the parties on any question of law, but shall not hear evidence or make findings on any question of fact. In any case of special difficulty the Kathi Besar or a Kathi may refer the question to the Legal Committee for its opinion, and shall, if such opinion be given, certify in accordance therewith.




Copyright © PNMB-LawNet. All rights reserved.