2010 PLP 219 (CLC)
Mst. FAUZIA NOUREEN — Petitioner Versus MUHAMMAD ASGHAR — Respondent
| Citation | 2010 PLP 219 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. FAUZIA NOUREEN — Petitioner Versus MUHAMMAD ASGHAR — Respondent |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2010 PLP 219 (CLC)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 219 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 219 (CLC) (Mst. FAUZIA NOUREEN — Petitioner Versus MUHAMMAD ASGHAR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bashir Khan for Petitioner.
- Abid Hussain Abid for Respondent.
Headnotes / Summary
Ss. 278 & 372
Dues of deceased government servant
Distribution
Deceased was employee of police department, who died issueless and survived with widow, mother and father
Trial Court issued succession certificate with direction to disburse amount in accordance with rules and regulations of police department but Lower Appellate Court modified the certificate to disburse the amount in. accordance' with Muslim shares
Validity-Out of total amount, sum payable as Group Insurance was not to be part of estate of deceased, therefore, such amount was exclusively payable to widow if duly nominated by deceased
High Court directed that remaining amount was payable to family of deceased and would be distributed accordingly amongst parents and widow
Revision was allowed accordingly.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
On 1-12-2008 the respondent No.1 filed an application for grant of succession certificate in the goods of his son Mubashar Ali who had died while in Police service on 15-11-2008. The petitioner is the widow of said Mubashar Ali who did not have any issue while Mst. Ghulam Sakina is his mother. The learned trial Court passed an order on 20-2-2009 stating that the succession certificate be issued in favour of the legal heirs of the deceased in the sum of Rs.5,50,000 but this amount be disbursed in accordance with the Rules and Regulations of the Police Department. The respondent filed a first appeal which has been decided by a learned Additional District Judge, Jhelum, on 9-6-2009 who has directed that the amount be disbursed amongst the said parents and widow of the deceased in accordance with their Muslim Law shares.
2. Learned counsel for the petitioner contends that the amount of Group Insurance did not form part of the estate of the deceased and as such was to be collected by the petitioner in accordance with the rules being the widow. The other amounts being payable to the family of the deceased are to be distributed amongst the parents and widow of the deceased. He relies on the case of Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC
731. Learned counsel for the respondent supports the impugned order of the learned Additional District Judge.
3. I have gone through the copies of the records with the assistance of the learned counsel for the parties. Out of the said total amount, a sum of Rs.1,40,000 is payable as Group Insurance. This amount has been held by Shariat Appellate Bench of the Honourable Supreme Court of Pakistan in the said case of Federal Government of Pakistan v. Public at Large not to be part of the estate of the deceased (page 749 of the judgment refers). I, therefore, do find that this amount of Rs. 1,40,000 is exclusively payable to the petitioner/widow if duly nominated by the deceased. The remaining amount is payable to the family of the deceased. This will be distributed accordingly amongst the parents and the widow. The civil revision is accordingly partly allowed and is disposed of. No orders as to costs. M.H./F-67/L Order accordingly.