P L D 2011 Karachi 108 (PLP)
Mst. UZMA REHMAN — Appellant Versus PUBLIC-AT-LARGE-Respondent.
| Citation | P L D 2011 Karachi 108 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. UZMA REHMAN — Appellant Versus PUBLIC-AT-LARGE-Respondent. |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in P L D 2011 Karachi 108 (PLP)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2011 Karachi 108 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2011 Karachi 108 (PLP) (Mst. UZMA REHMAN — Appellant Versus PUBLIC-AT-LARGE-Respondent.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 371 & 384
Grant of Letter of Administration
Scope
Deceased husband of applicant who was residing at place, K had left movable and immovable properties at K as well as at place K
Earlier, a succession certificate was granted on application filed at place K however application for grant of Letters of Administration for immovable property left by the deceased at place L was dismissed on ground that property in question was situated at place L and applicant should approach the court having jurisdiction
Under S.371 of Succession Act, 1925 jurisdiction lay with the court where the deceased ordinarily resided
In the present case succession certificate had already been granted by the court at place K which established that the deceased resided at place K at the time of his death
No justification was available for the court at place K to dismiss the application for grant of Letter of Administration in respect of the property left by the deceased at place L
Impugned order was set aside and court was directed to proceed, with the matter accordingly.
Judgment & Decree
FAISAL ARAB, J.
Learned counsel for the appellant states that at the time of his death deceased Shaikh Mujeebur Rehman, husband of the appellant, was residing at Karachi, who had left movable and immovable properties at Karachi as well as at Lahore. Earlier a Succession Miscellaneous Application for grant of Succession Certificate was filed at Karachi which was granted. However, the application for grant of Letters of Administration for immovable property left by the said deceased at Lahore was dismissed by the learned Vth Additional District Judge, Karachi South, on the ground that the property in question is situated at Lahore and the appellant should approach the Court having jurisdiction. Learned counsel for the appellant states that under section 371 of the Succession Act, 1925, jurisdiction lies with the Court where the deceased ordinary resided. In the present case 'Succession Certificate has already been granted by the Court at Karachi, which establishes that the deceased resided at Karachi at the time of his death. Therefore, there was no justification for the learned Vth Additional District Judge, Karachi South to dismiss the application for grant of Letters of Administration in respect of the property left by the deceased at Lahore. In the circumstances, the appeal is allowed and the impugned order date 18-5-2009 is set aside. The learned Vth Additional District Judge, Karachi South is directed to proceed with matter accordingly. H.B.T./U-10/K Appeal allowed.