1996 PLP 873 (MLD)
| Citation | 1996 PLP 873 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Wajihuddin Ahmed, J |
| Parties | |
| Primary Law | Succession Act (XXXIX of 1925)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 873 (MLD)?
This judgment primarily cites: Succession Act (XXXIX of 1925)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 873 (MLD)?
The case was heard and decided by the Karachi bench comprising: Wajihuddin Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 873 (MLD) (). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jamilur Rehtnan for Petitioner.
Headnotes / Summary
‑‑‑‑S.375‑‑‑Sindh Chief Court Rules (O.S.), R.400‑‑‑Succession certificate‑‑ Non‑contentious matter‑‑‑Formalities‑‑‑Grant of succession certificate having followed upon consent of all the next of kin and emerging as a non‑contentious matter, Nazir of the Court was directed to formalise issuance of same to petitioner in terms exclusively upon execution of a personal bond by petitioner and no sureties as a condition precedent need be insisted upon.
Judgment & Decree
‑‑‑‑S.375‑‑‑Sindh Chief Court Rules (O.S.), R.400‑‑‑Succession certificate‑‑ Non‑contentious matter‑‑‑Formalities‑‑‑Grant of succession certificate having followed upon consent of all the next of kin and emerging as a non‑contentious matter, Nazir of the Court was directed to formalise issuance of same to petitioner in terms exclusively upon execution of a personal bond by petitioner and no sureties as a condition precedent need be insisted upon. Jamilur Rehtnan for Petitioner. Learned counsel has urged that under section 375(1) of the Succession Act, 1925 read with Rule 400 of the Sindh Chief Court Rules (O.S.) it is not necessary for the grant of a Succession Certificate in a non‑contentious matter that two or more sureties be provided a$ a condition precedent for issuance. Learned counsel also says that in contentious matters as well it is only discretionary for the Court to allow such a requirement to stand and appropriate cases that can be relaxed. Since according to the learned counsel the grant of Succession certificate in this case has followed upon the consent of all the next of kin and it has emerged as non‑contentious matter, the Nazir would formalise issuance of Succession Certificate to the petitioner in terms already ordered exclusively upon execution of a personal bond by the petitioner and no sureties need be insisted upon. As the petitioner has pleaded financial stringency the formalities for issuance of the Succession Certificate would be gone into during vacation. In the above terms both the applications are granted. A. A./R‑291 /K Order accordingly.