2006 PLP 1855 (CLC)
Mst. MEHMOOD BIBI — Petitioner Versus SIRAJ DIN — Respondent
| Citation | 2006 PLP 1855 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. MEHMOOD BIBI — Petitioner Versus SIRAJ DIN — Respondent |
| Primary Law | Successions Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2006 PLP 1855 (CLC)?
This judgment primarily cites: Successions Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1855 (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: 2006 PLP 1855 (CLC) (Mst. MEHMOOD BIBI — Petitioner Versus SIRAJ DIN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Saleem Insaf for Respondent.
Headnotes / Summary
Ss. 5 & 372
Application for issuance of succession certificate
Petitioner, being widow of deceased, applied for grant of succession certificate regarding certain deposits of deceased in the Bank
Respondents who were parents of the deceased husband of petitioner resisted application of petitioner on the ground that petitioner was responsible for murder of her husband
Trial Court dismissed application of petitioner and appeal against dismissal order passed by Trial Court was also dismissed by Appellate Court
Petitioner having not been convicted so far in any criminal case, there was no impediment in her way to receive amount of her .share, which she had inherited
Petitioner would, in view of Sharia law become disentitled only, if it was proved that she was instrumental in murder/death of her husband
That being not the position in the case, Courts below were not justified in law in refusing petitioners requisite succession certificate
Impugned orders, were set aside in revision by High Court, in circumstances.
Judgment & Decree
MIAN SAQIB NISAR, J.
The petitioner was married to Tariq Mehmood and out of this wedlock two minor children were born. The petitioner's husband died on 4-7-2004, who had some deposit in the Alfalah Bank, Defence Area Branch, Lahore; she accordingly applied for the grant of succession certificate, but the respondents, who are the parents of the deceased, resisted the application on the ground, that the petitioner is responsible for the murder of her husband, upon which the learned trial Court has dismissed the application, vide order, dated 13-1,0-2005; the appeal of the petitioner has also failed.
2. I have heard the learned counsel for the parties and find that the petitioner is not still a convict in any criminal case upon the allegations of murder. The case of the petitioner is that there is no criminal case pending against her, but this has been controverted by the respondent's counsel.
3. Be that as it may, as the petitioner has not been convicted so far in any criminal case, therefore, presently there is no impediment pi her way to receive the amount of her share, which she has inherited; obviously in view of the Sharia Law, the petitioner becomes disentitled only if it is proved that she was instrumental in the murder/death of her husband. This is not the position so far. Therefore, the Courts below have erred in law while refusing the petitioner the requisite succession certificate; the impugned orders thus, cannot sustain and are hereby set aside. However, in order to secure the position, in case the petitioner is found guilty, she is entitled to the certificate upon her furnishing a surety bond to the satisfaction of the trial Court. Therefore, this revision is accordingly allowed. H.B.T./M-402/L Petition allowed.