YAR MUHAMMAD vs Moulvi ABDUL FATAH Ss — 2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 755 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: YAR MUHAMMAD vs Moulvi ABDUL FATAH Ss

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

YAR MUHAMMAD VS Moulvi ABDUL FATAH Ss.372 &378---Qanun-e-Shahadat (10 of 1984), Art. 49, 70, 91 & 92---Succession---Appellants/applicants applied for grant of succession certificate and Letter of administration---Appellants contended that they being descendent/legal heirs of the deceased were entitled for group insurance, gratuity, pensionary benefits, amount in Bank account, and immovable property---Respondent alleged that deceased was issueless and appellants were adopted son and daughter thereof---High Court remanded the matter to Trial Court, which dismissed said applications---Validity---Respondent produced oral evidence (13 witnesses) but appellants produced in their favour official record/official documents through concerned representatives without objection from respondent, i.e. NADRA record; school registration/leaving certificates; local certificates; opening documents of Bank account/nomination of GP Fund Account---Presumption of correctness was attached to the documents of official record---Deceased mentioned his name in all documents from school admission up to obtaining National Identity Card without objection from respondent---Oral evidence of respondent could not rebut the documentary evidence of appellant---Appeal was accepted. Head NotesCase Description

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