Revocation of succession certificate

2023 PLD 248 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 383 & 384Constitution of Pakistan, Art. 199Constitutional petitionRevocation of Succession certificateForumDispute was with regard to revocation of succession certificate already issuedValidity

Recourse under S. 383 of Succession Act, 1925, was independent of an appeal which could otherwise be filed under S. 384 of Succession Act, 1925, against the grant or refusal of a certificate

Application for revocation would lie to the Court that made the grant and in the event such application was accepted and certificate was revoked, appeal would then also lie to High Court

High Court declined to interfere in the matter

Constitutional petition was dismissed, in circumstances.

2013 CLC 523 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Ss. 383, 387 & 372Revocation of succession certificateProcedureOrder passed under Succession Act, 1925 or proceedings thereunderNatureRes judicata, principle ofApplicabilityScope

Succession certificate was granted to appellant whereafter application of respondents under S.383 of the Succession Act, 1925 for revocation of said succession certificate was allowed

Trial Court further held the surety of appellant under obligation to pay other legal heirs their share according to Islamic Law

Validity

Application for revocation of succession certificate had been filed after a lapse of three and a half years and said application had not been signed/thumb impressed by the respondents

Respondents, throughout the proceedings before the Trial Court, did not file any affidavit or lead any evidence in support of the contents of their application for revocation of certificate

While there was no time limit prescribed for filing an application for revocation of the certificate under section 383 of the Succession Act, 1925 but at belated stage of the present case, revocation of the certificate on the basis of an incompetently filed application was unwarranted and same would not serve any lawful purpose as there were no more amounts lying in the accounts of the deceased

Order of Trial Court holding appellant's surety under obligation to pay amount in case appellant failed to pay other surviving legal heirs of the deceased according to Sharaie Fatwa, was erroneous and Trial Court had travelled beyond scope of the Succession Act, 1925

Under the Succession Act, 1925; the Trial Court could neither determine the entitlement of legal heirs nor could direct payments of the same to the legal heirs

Grievance of the respondents in relation to their entitlement to shares in accounts of the deceased could only be redressed by a court of civil jurisdiction

Proceedings under Succession Act, 1925 were summary in nature and no decree sheet capable of execution could be drawn during the same

Under S.387 of the Succession Act, grant of certificate did not establish title to the amounts drawn and same did not disentitle the respondents to bring any claim before civil court in respect of their share of inheritance

Orders passed under the Succession Act, 1925 did not operate as res judicata with regards to questions of title

High Court set aside order of Trial Court and dismissed the application of respondents for revocation of succession certificate granted in favour of the appellant

Appeal was allowed accordingly.