AKHTAR MUHAMMAD vs SHABANA S — 2023 PLC(CS) 301 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLC(CS) 301 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLC
Parties: AKHTAR MUHAMMAD vs SHABANA S
Provisions referred to: S. 2; Succession Act (XXXIX of 1925)

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

AKHTAR MUHAMMAD VS SHABANA S.2(d)(ii)---Balochistan Civil Servants Pension Rules, 1989, R.4.7---Succession Act (XXXIX of 1925), Ss.372 & 373---Succession---Tarka---Grant, entitlement of---Dependent on deceased---Proof---Petitioner/father claimed to be dependent upon deceased---Lower Appellate Court excluded petitioner from receiving any share in Grants---Validity---Petitioner was employee and after retirement was getting pension and was not dependent on deceased, rather he himself was getting salary as a government employee---Dependent was a person who had no earning and was wholly dependent on income of his son---Mere living in same house did not mean that petitioner was dependent on his late son---Benefits which had already become receivable by deceased during his life time payable by employer when he was alive or service benefit which employer gave as to an employee and name of family member of employee to receive it after his death, such was service grant and did not become inheritable by all legal heirs of the employee---High Court declined to interfere in the order passed by Lower Appellate Court---Revision was dismissed, in circumstances.

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