2001 PLP 347 (YLR)
MUHAMMAD NASEERUDDIN SHAIKH — Petitioner Versus Mst. AFSHAN SUBOOHI NASEER — Respondent
| Citation | 2001 PLP 347 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Wahid Bux Brohi, J |
| Parties | MUHAMMAD NASEERUDDIN SHAIKH — Petitioner Versus Mst. AFSHAN SUBOOHI NASEER — Respondent |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2001 PLP 347 (YLR)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 347 (YLR)?
The case was heard and decided by the Karachi bench comprising: Wahid Bux Brohi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 347 (YLR) (MUHAMMAD NASEERUDDIN SHAIKH — Petitioner Versus Mst. AFSHAN SUBOOHI NASEER — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aqil for Petitioner.
Headnotes / Summary
S. 372
Petition for grant of Succession Certificate by the widow of the deceased-- Parents of the deceased had filed affidavit of no objection
Parents of the deceased appeared in Court and stated that they had no objection if the Succession Certificate was granted in favour of the widow of the deceased, subject to the condition that their shares would be paid to them
Petitioner had also been appointed as guardian ad litem for the minors
Matter being non-contentious, there was no impediment in grant of the certificate.
Judgment & Decree
Father
3. Mst. Aisha Khanum 64 years Mother
4. Muhammad Haseebuddin Shaikh 7 years Son (Minor)
5. Quratul Ain 6 years Daughter (Minor)
6. Muhammad Fasi- huddin Shaikh 5 years Son (Minor) The notice of this application was affixed on the Court Notice Board and also published in daily Jisarat, dated 25-5-2000 but nobody came forward to oppose the same. The parents of the deceased have filed affidavits of no objection. They appeared in Court, and they have no objection if the succession is granted in favour of the petitioner subject to the condition that their share is paid to them. The petitioner has also been appointed as guardian ad litem for the minors. This is a non-contentious matter and there is no impediment in grant of this application, which is accordingly granted. Learned counsel submits that the petitioner will not be able to arrange sureties, therefore, in the interest of justice the Nazir may be permitted to collect, the assets/securities and distribute the same among the heirs. The request is allowed. Nazir shall collect the properties shown in the Schedule of Properties. He should disburse the same to the heirs in accordance with their share investing the share of minor in a profit under bearing scheme. H.B.T./M-193/K Petition allowed/ order accordingly.