Wasiyyat Rules — Page 40
WA S IYYAT RULES 40 dependents after him the period for payment of amount due as Hissa Jai'dad , shall extend to five years after the assessment. (B) If, God forbid, the M usi dies while making payments toward H i ss a Jai'dad of the house mentioned under Regulation 6A, his heirs shall be afforded the facility to pay the outstanding balance within the remaining period. But in order to avail this facility the heirs shall have to furnish, under Rule 80, such security which is acceptable to Majlis Karpardaz. (According to the Decision of Majlis-e-Mushawarat Pakistan 1985) Regulation 7: In case no payment is at all made within the specified time, the said assessment shall stand cancelled. Regulation 8: In case part payment of the amount due as Hissa Jai'dad has been made, the Hissa Jai'dad shall be considered to have been paid proportionately; and for the assessment of the remaining portion of Jai'dad , a fresh application for assessment will have to be made. Regulation 9: Payment of Hissa Jai'dad on all mortgaged properties shall be obligatory. This may be paid in two ways: (i) If a Musi wishes to pay the Hissa Jai'dad on a mortgaged property in his lifetime, the property will be assessed according to the market value and the outstanding amount of the mortgage will not be deducted from the assessed value. (ii) If Hissa Jai'dad has not been paid on a mortgaged property in a Musi's lifetime, after his/her demise it will be payable only on the amount which is determined after deducting the outstanding amount of mortgage from the assessed value of the property.