Interpretation and determination

2015 PLD 132 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Ss. 5(2), 372 & 384Application for succession certificateAppeal under S.384 of Succession Act, 1925 against dismissal of application for certificateJurisdiction of court"Domicile"Interpretation and determinationDeceased was temporarily residing out of country and claimed amount lying thereCompetent forum

Application for issuance of succession certificate, was dismissed for lack of jurisdiction on ground that predecessor was domiciled of a foreign country and amount claimed was lying abroad

Applicants contended that their predecessor was permanent resident to Pakistan and had gone abroad to earn livelihood where he was temporarily residing

Validity

Applicants and their predecessor were permanent residents of Pakistan

Correct criteria for issuance of succession certificate was domicile of the deceased at time of his death

Nothing was available on record that could show that the deceased had intended to abandon Pakistan for ever

Trial court while dismissing application filed under S.372 of Succession Act, 1925, had erred in facts and law while interpreting the word 'domicile'

Word 'domicile' had not been defined in Succession Act, 1925

In ordinary meaning 'domicile' meant the place where a man lived or had his home

Impugned order was set aside and Trial Court was directed to decide succession application on merits in accordance with law

Appeal was accepted in circumstance.