2012 PLP 1752 (YLR)
N/A
| Citation | 2012 PLP 1752 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Mrs. Qaiser Iqbal, J |
| Parties | N/A |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in 2012 PLP 1752 (YLR)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1752 (YLR)?
The case was heard and decided by the Sindh bench comprising: Mrs. Qaiser Iqbal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1752 (YLR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahida Bano Kasmani for Petitioner.
Headnotes / Summary
S.372
Application for succession certificate
After succession miscellaneous application was granted, the amount was distributed amongst the petitioner (wife) and two legal heirs; son and daughter
Contention of the applicant was that the son was allegedly not the real son of the deceased as his name was not mentioned in the affidavit of the petitioner-wife of the deceased before the Official Assignee
High Court directed the son to appear before the Hospital along with the petitioner for the purpose of DNA test to ascertain whether or not he was real son of the petitioner and was entitled to the succession amount; and the expenses for said test were to be paid by the applicant. Parveen Ghani, Legal Heirs Pervez Ghani and Aaisha Ali present in person. Ms. Naheed A. Shahid, and Ghulam Yasir, for Applicants. Qadir Bux Umrani, Official Assignee present in person. Abdul Hameed, Abdul Rahman and Ali Muhammad in person.
Judgment & Decree
MRS. QAISER IQBAL, J.
In response to the order dated 21-4-2009, affidavit of the petitioner along with reply of learned Official Assignee to the notice dated 28-4-2009, issued to him, have been produced, which are taken on record. At this juncture, the dispute only relates to the factum whether legal heir namely Pervez Ghani son of the Deceased Abdul Ghani. After succession Miscellaneous Application was granted, the amount was distributed amongst the petitioner and two legal heirs of the deceased namely Pervez Ghani and Ms. Aaisha Ali. After arguing the matter at length, applicant Abdul Hameed has stressed that Pervez Ghani is not the son of the deceased Abdul Ghani as his name does not find place in the affidavit of the petitioner filed before the learned official Assignee and it was vehemently argued that the petitioner and legal heir Ms. Aaisha Ali were entitled to the money arising out of the Suit No.757 of 1988 lying deposited with the learned Official Assignee, which was directed to be distributed after grant of Succession Certificate in favour of the petitioner under the law. The documents produced by the petitioner comprising of CNIC and B-Form were received from NADRA and got verified the same and its contents were found to be correct. However, at this juncture, much of the emphasis has been laid by the applicants that Pervez Ghani is not the son of the deceased Abdul Ghani, therefore, there are two options left with by the Court, either to direct them to resolve their dispute outside the court by virtue of modes available being Muslim through Special Oath or to send the petitioner and her son Pervez Ghani for DNA Test. To resolve the controversy, let legal heir Pervez Ghani appear before Agha Khan Hospital, at Karachi along with petitioner for purpose of DNA Test for arriving at the conclusion whether he is the son of the petitioner. Expenses shall be paid by applicant Abdul Hameed. Office is direct to send a copy of this order to the concerned Department of Agha Khan Hospital, at Karachi for the purpose of conducting DNA Test. The parties are directed to appear before concerned Department of Agha Khan Hospital, at Karachi for compliance of the above order. After above exercise is conducted, the matter is directed to be listed for hearing. Adjourned to a date in office. K.M.Z./L-4/K Order accordingly.