2013 PLP 753 (MLD)
NIAZ FARAZ — Application Versus The STATE — Respondent
| Citation | 2013 PLP 753 (MLD) |
| Forum / Court | Sindh |
| Bench Members | Abdul Rasool Memon, J |
| Parties | NIAZ FARAZ — Application Versus The STATE — Respondent |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2013 PLP 753 (MLD)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 753 (MLD)?
The case was heard and decided by the Sindh bench comprising: Abdul Rasool Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 753 (MLD) (NIAZ FARAZ — Application Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 372
Change of name of minor of legal heir in the certificate
After issuance of Succession Certificate share of applicant, who was a minor at that time, was deposited by the Nazir in her name in a profit bearing scheme
Applicant sought correction of her name on the grounds that at time of issuance of Succession Certificate she was known by her childhood name, which was subsequently changed by her mother
Applicant produced her Family Registration Certificate, educational certificates and record of National Database and Registration Authority (NADRA) to establish that her name had been changed
Mother of applicant had sworn an affidavit that she changed the childhood name of applicant to her current name
Applicant was also present in court along with her original Computerized National Identity Card (CNIC)
No one had come forward to object to the identity of the applicant who was shown with her childhood name at the time of grant of Succession Certificate
Amount deposited in the profit bearing scheme was not substantial
Application was allowed and Nazir was directed to pay the deposited amount to the applicant on execution of personal bonds equivalent to the amount in question. M. Sohail Zafar Bhatti for Applicant.
Judgment & Decree
ABDUL RASOOL MEMON, J.
The applicant/petitioner has prayed in this application for correction of name of one of the legal heirs from Baby Nashtari to Mayra Khayal Uddin on the grounds that in her childhood she was known in the name of Baby Nashtari but at the time of her admission in the educational institution her mother has changed her name from Nashtari to Mayra Khayal Uddin. The Baby Nashtari was aged about 6 years while this petition was filed and vide order dated 7th April, 1996 Succession Certificate was granted in favour of the petitioner and shares of the minors were ordered to be deposited by the Nazir in their name in some government approved profit bearing schemes and in compliance of the said order the share of Baby Nashtari was also deposited along with the shares of Baby Samina, Baby Waseema, Baby Asma and Master Asif Nawaz. Now the said baby whose name has been changed as Mayra Khayal Uddin has attained the majority and has prayed for withdrawal of the amount deposited in her name.
2. In support of his contention, learned counsel for the petitioner has produced the form of Family Registration Certificate which shows the name of Mayra Khayal Uddin d/o Khayal Uddin with her mother's name shown as Umar Zadgai. The mother of Baby Nashtari has sworn an affidavit that she has changed the name of her baby in her childhood from Nashtary to Mayra Khayal Uddin and produced educational, certificates in support of the contention along with National Data Base and Registration Authority, Government of Pakistan. Mayra Khayal Uddin is present in court along with her original CNIC bearing No.42201-1670311-2.
3. The Nazir has reported that an amount of Rs.138,500 has been accumulated in the account of Baby Nashtari.
4. As mother of the baby and brother (petitioner) have sworn affidavits in support of above contention of the applicant, none has come forward to object the identity of Mayra Khayal Uddin who has been shown Baby Nashtari in this petition, the amount in her account is also shorter one, therefore, I hereby allow this application with the direction to the Nazir to pay the amount deposited in the name of Baby Nashtari to Mayra Khayal Uddin on execution of P.R. Bond equivalent to the amount in question by the petitioner, mother of Baby Nashtari and Baby Mayra herself to indemnify the claim of any subsequent claimant. With above observation the application stands allowed. MWA/N-37/K Application allowed.