P L D 2025 Balochistan 34 (PLP)

NAZEER AHMED LANGOVE, J.

This petition is directed against the order dated 24th July 2019, passed by the learned Senior Civil Judge-I Quetta with powers of District Judge Quetta (in revocation application No.04/2016), and order dated 7th August 2021, passed by the learned Additional District Judge-II, Qetta (in appeal No.02/2020), with the prayer to set aside the orders passed by the courts below and to dismiss respondents Nos. 1, 5 and 6's application for revocation of succession certificate No. 56/2015, dated 19th November 2015.

2. Heard the learned counsel for the parties and gone through the record with their assistance.

3. Facts of the case are that respondents Nos.1, 5 and 6 filed an application under sections 383, 376 of the Succession Act, 1925 for revocation of Succession Certificate No.56/2015 dated 19th November, 2015 and issuance of new/amended one with the averments that she is real mother while respondents Nos.5 and 6 are daughters of Hafeezullah Amin Shaheed, the petitioner is widow of Shaheed. It was further stated that the respondent's son was serving in the Police Department, was martyred by terrorists and declared by the Government as Shaheed; in connection to it, the Government of Balochistan awarded a compensation amount of Rs.50,00,000/- and a monthly salary in favour of legal heirs of Shaheed; in this respect, the petitioner for herself and on behalf of respondents Nos.5 and 6 had filed a Succession Application No.56/2015 under section 372 of the Act for grant of Succession Certificate, which was allowed on 19th November, 2015. However, respondent No.1 filed the instant application for cancellation (revocation) of the same but was dismissed, vide order dated 6th May 2017, passed by the learned trial court. Assailed in appeal but met the same fate vide order dated 16th September 2017 passed by the learned appellate Court. Challenged in Civil Revision Petition No.374/2017, vide order dated 14th January 2019, passed by this Court, the revision petition was allowed by setting aside the orders passed by the courts below, and the case was remanded to the trial court with the following observations: "

5. Perusal of the record shows that the allegation to the extent of respondent No.1 allegedly intended to remarry is without any substance; however, the legal right of the petitioner, an old-age widow being the mother of Shaheed Hafeezullah Amin, needs consideration, who had not only lost her above-named son in a terrorist attack upon him but; her second son also in a painful suicidal blast of Civil Hospital Quetta dated 8th of August 2016; her miserable financial, as well as, mental condition and helplessness can easily be imagined which makes her case distinguishable and worth consideration in the light of the reported case of Peshawar High Court titled Mst. Hussain Jamala v. Government of Khyber Pakhtunkhwa through Secretary Home and Tribal Affairs Peshawar (PLD 2013 Peshawar 01).

6. Apart from that, it was also observed that respective shares of petitioners Nos.2 and 3 (minor daughters of Shaheed) have not been ascertained, nor specifically been ordered to be kept in a profitable scheme "until they attain majority," coupled with the fact that while disposing of the instant application, no issues, mandatory for disposal of the matter were framed. In such view of facts, this Court has left with no option but to remand the matter to the learned trial court for disposal on merit after affording ample opportunity of hearing to the parties, framing issues, and leading evidence (if needed)." On 19th June 2019, the parties' learned counsel appeared before the trial court and expressed their willingness to have no objection if their shares were determined, according to Sharai Fatwa. As a result, the learned trial court, vide order dated 24th July 2019, allowed the respondents' application for a Succession Certificate as per the parties' Sharai share mentioned in the order. Assailed in appeal, but dismissed, vide order dated 7th August 2021, passed by the appellate Court (Additional District Judge-II, Quetta). Hence, this petition with the prayer mentioned above.

4. Perusal of the record shows that before this, the parties obtained a Fatwa; at that time, the actual picture was probably not before the worthy scholar who determined the rights of a deceased's legal heirs in a property left by the deceased available in his lifetime, which was otherwise not a matter of dispute. The newly placed Fatwa issued by Mufti Gul Hassan (same scholar) dated lst June 2023 is based on facts showing that compensation granted to a person after his death does not fall within the definition of Tarka; as such, respondent No.1 Mst. Bibi Zulaikha (mother) cannot claim any share in the referred amount. So far as the protection of the minors' rights in respect of their due share is concerned, on this behalf, Rehmatullah, son of Haji Abdul Razzaq (their maternal uncle), purchased a property on Stamp Paper, which according to the respondents' learned counsel is not a registered property; however, Rehmatullah son of Haji Abdul Razzaq, petitioner's attorney present in the Court assured and shall be responsible for protecting the minors' legitimate and legal rights in any case.

5. In view of the above, the revision petition filed by the petitioner is allowed; the impugned order dated 24th July 2019 in Revocation Application No.04/2016 passed by learned Senior Civil Judge-I Quetta (trial court) and order dated 7th August 2021, passed by the learned Additional District Judge-II, Quetta (Appellate Court) in Succession Appeal No. 02/2020 are set aside; consequently, the earlier succession certificate dated 19th November, 2015, issued by the trial court stands restored. Order accordingly. MH/58/Bal. Revision allowe