SHABAN KHUDA BAKHSH vs HATIMA AMEER Ss — 2021 CLC 1807 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1807 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: SHABAN KHUDA BAKHSH vs HATIMA AMEER Ss
Provisions referred to: S. 373; Succession Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHABAN KHUDA BAKHSH VS HATIMA AMEER Ss.373 & 384---Succession certificate, application for---Title to property---Jurisdiction---Son of deceased sought succession to amount lying in Bank account of his deceased father---Widow claimed full amount lying in the account to the exclusion of other legal heirs on the plea that amount was sale consideration of plots owned by her---Trial Court issued succession certificate to all legal heirs as per their shares---Validity---Petition for grant of succession certificate was filed under S.373 of Succession Act, 1925, and such proceedings before Trial Court were summary in nature---Intricate questions could not be resolved in such proceedings---Questions of title to property was to be left to be decided in suit before Court of plenary jurisdiction---High Court declined to interfere in Certificate issued by Trial Court---Appeal was dismissed, in circumstances.

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