Mst. SHAHNAZ BEGUM vs ADDITIONAL DISTRICT JUDGE Ss — 2021 PLD 69 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2021 PLD 69 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2021
Reporter: PLD
Parties: Mst. SHAHNAZ BEGUM vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter: Constitutional
Provisions referred to: S. 375; 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

Mst. SHAHNAZ BEGUM VS ADDITIONAL DISTRICT JUDGE Ss. 375, 371, 372 & 373---Nature of proceedings under Succession Act, 1925---Determination as to status of legal heirs---Grant of succession certificate---Requisition of security from grantee of certificate---Petitioners impugned order of Sessions Court whereby respondents were held to be the second widow and son of deceased, and therefore entitled as legal heirs in addition to petitioners, and succession certificate was granted to respondents---Validity---Controversy between parties as to whether respondents were legal heirs of deceased could only be decided in a civil suit and not under summary proceedings under Succession Act, 1925---High Court held that findings in impugned order that respondents were son and widow of deceased were to be set aside, and they were directed to immediately file civil suit in such regard---High Court further observed that peculiar circumstances of present case necessitated that discretion under S.375(1) of Succession Act, 1925 be exercised, and directed that succession certificate be issued to respondents claiming to be son and widow of deceased, subject to their furnishing a security bond equal to the amount they may be entitled to receive if they establish themselves to be real heirs of deceased---Constitutional petition was disposed of, accordingly.

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