ENACTMENT NO. 5 OF 1956
ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956

PART III - RELIGIOUS COURTS JURISDICTION



Section 39. 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 Religion of Islam, any Court or authority, other than the Court of the Chief Kathi or a Court of a Kathi, shall be under the duty of determining the persons entitled to share in such estate, or the shares 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 Chief Kathi in any case, may, on a request by such Court or authonty, 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, assulting such facts, whether as found or hypothetical, entltled to share in such estate and as to the shares to which they are respectively entitled. The Court of the Chief Kathi 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 Chief Kathi or a Kathi may refer the question to the Majlis for its opinion, and shall, if such opinion be given, certify in accordance therewith.




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