Wasiyyat Rules — Page 13
WA S IYYAT RULES 13 Rule 47. Majlis Karpardaz may in its discretion permit a M usi to have his entire property or a unit of his property assessed in prescribed manner and make payment of H i ss a Jai'dad during his lifetime. Rule 48. Ordinarily Chanda Wa s iyyat shall be payable on the Cash Tarka of a M usi. However, if there be a statement by the M usi himself that on the Cash Tarka or a part thereof Chanda Wa s iyyat has already been paid then his statement shall be conclusive and no Chanda Wa s iyyat shall be recovered on that Cash Tarka. If there be no such statement of the M usi then the case will be decided on the report of the local Jam a‘ at. Rule 49. (a) If a M usi makes a gift of his immovable property in favour of his heir or heirs under circumstances which make it appear like a testamentary disposition to such heir or heirs or which otherwise is likely to defeat the very spirit of Wa s iyyat , then H i ss a Jai'dad shall nonetheless be payable on such property and in the event of the M usi 's death such property shall be treated as the M usi 's Tarka. (b) If a M usi makes a gift of his movable property, on which the payment of Wa s iyyat is obligatory, in favour of his heir or heirs under circumstance which makes it appear like a testamentary disposition to such heir or heirs or which otherwise is likely to defeat the very spirit of Wa s iyyat , then the H i ss a Wa s iyyat shall nonetheless be payable on such moveable property. Rule 50. (a) The entire proceedings with regard to the assessment of H i ss a Jai'dad shall be carried out in prescribed manner by the