MUMTAZ HUSSAIN vs ADDITIONAL DISTRICT JUDGE Ss — 2022 CLC 2030 LAHORE-HIGH-COURT-LAHORE

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

MUMTAZ HUSSAIN VS ADDITIONAL DISTRICT JUDGE Ss.371, 372 & 373---Succession certificate, cancellation of---Nominee of service benefits---Uninheritable nature---Scope---Succession certificate was issued in favour of respondent being widow of the deceased---Petitioner filed application for revocation/cancellation of said succession certificate claiming entitlement to service benefits i.e. pension; death gratuity; insurance; monthly salary; and other service claims---Petitioner (maternal nephew/adopted son of deceased) contended that said benefits were construable as compensation/grant not classifiable as estate of deceased/Tarka/heritable payable to petitioner being nominee of deceased under nomination form which the deceased submitted to Bank at time of employment and that respondent/widow had concealed the identity of other legal heirs of deceased---Petitioner's application was concurrently dismissed---Held, that group insurance, provident and benevolent funds were grants/compensation being service benefits not claimable by the employee during his lifetime and would only mature after his/her death, hence same being not form part of Tarka not heritable---Respondent/widow had claimed certain amounts including salary payable at time of deceased' death, which could be termed as heritable---Petitioner failed to refer to available rules/regulations of concerned Bank as to help in determination of status of alleged nominee/entitlement claimed---Report procured from manager of concerned branch/Bank showed that in case of dispute arose between parties, Bank would always request the parties to seek the court order and disburse the due amount to the legal heirs according to succession certificate issued by competent court of law---Status of nominee and claim raised thereby in context of competing interests with legal heirs was always held unenforceable being subservient to the dictates of law of succession---Issues regarding service benefits on basis of nomination form and that regarding heritable/payable salary were construable as intricate issues which would require determination by the competent court, enjoying general/plenary jurisdiction upon filing of a suit---Notwithstanding accrual of intricate issues, a certificate could be issued in terms of subsection (3) of S.373 of Succession Act, 1925, upon achieving prima facie satisfaction qua successor and after securing security as condition precedent for rendering accounts and extending protection to the potential claimants, whose rights would be determined/declared through judicial pronouncement---Petitioner's application for revocation of succession certificate was rightly dismissed by courts below on ground that rights claimed could not be determined in proceedings under Succession Act, 1925 and remedy lied before court exercising general jurisdiction---Constitutional petition was dismissed accordingly.

MUMTAZ HUSSAIN vs ADDITIONAL DISTRICT JUDGE Ss — 2022 CLC 2030 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 CLC