2006 PLP 1179 (YLR)

ABDUL SHAKOOR PARACHA, J.

Lt.-Col. Mst. Shaheen Mehboob being an Army Officer and member of the Army Officers' Welfare Housing Scheme Morgah-II was allotted Plot No.B-61/2 and she had nominated the petitioner, her husband, as her next kin. She died on 13th April, 1996 and the petitioner applied for transfer of the said plot to him being the nominee. The petitioner obtained a succession certificate but Mst. Sharifan Nasim, mother of the deceased wife of the petitioner challenged the succession certificate by filing Writ Petition No.14825 of 2000, which was disposed of by this Court vide order dated 4-10-2001 by observing that the petitioner's (mother of the deceased) remedy is to assert her claim as a legal heir of late Col. Shaheen Mahboob by means of a civil suit.

2. Now, through the impugned letter dated 7th April , 2005, Respondent No.2, Secretary, Defence Housing Authority has informed the petitioner that as per succession certificate issued by the' Civil Court, besides him Mst. Sharifan Nasim is also a legal heir of Lt.-Col. Shaheen Mahboob (late) therefore the plot can be transferred to the petitioner only if the 'other legal heirs of the deceased surrendered their rights of inheritance in favour of the petitioner by affidavits. This letter has been impugned through this writ petition.

3. The learned counsel for the petitioner contends that the petitioner being the nominee of the allottee was entitled for transfer of the plot in question; that the succession certificate issued by the Court of competent jurisdiction in favour of the petitioner had become final. Adds that in pursuance of the order dated 4-10-2001 passed in Writ Petition No.14825 of 2000 by this Court the mother of the deceased has not asserted her claim as legal heir of Lt.-Col. Shaheen Mahboob by means of civil suit therefore the impugned letter is liable to be struck down and declared without lawful authority.

4. I have considered the arguments of the learned counsel for the petitioner and perused the record. The petitioner is nominee of deceased Lt.-Col. Shaheen Mahboob who was allottee of the disputed plot. Under the Islamic Law all the legal heirs are entitled to inherit the Islamic Law all the legal heirs are entitled to inherit the property left by a deceased. Mst. Sharifan Nasim is also legal heir of Lt.-Col. Shaheen Mahboob, therefore, the plot cannot be transferred to the petitioner alone. If the respondent Authority would have denied the claim/right of Mst. Sharifan Nasim, mother of the deceased, she could have established her right of getting 1/6 share of inheritance in the estate of said Lt.-Col. Shaheen Mahboob by filing a civil suit, as directed by this Court vide order dated 4-10-2001 passed in Writ Petition No.14825 of 2000. Since the right of Mst. Sharifan Nasim has been admitted by the Defence Housing Authority, therefore, there was no occasion for the said lady to knock the door of the civil Court. This being so, this petition fails and the same is dismissed in limine. F.B./M-4/L Petition dismissed.