Mst. NAZ BIBI vs WAHID BUX Inheritance — 2023 PLD 321 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 321 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: Mst. NAZ BIBI vs WAHID BUX Inheritance
Subject matter: Service

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. NAZ BIBI VS WAHID BUX Inheritance---Tarkah---Service benefits---Scope---Benevolent fund does not fall within the definition of such property of a deceased employee that could be deemed to have been owned by him at the time of his death nor could he claim the same during his lifetime as a matter of right; such grant or donation is payable to the employee after his retirement from service or to his legal heirs upon his death---Forced deduction of certain amount from the salary of the employee as contribution/donation for such fund shall not change the above position as after contributing/donating the fund, such amount does not remain the property of the employee; thus, benevolent fund cannot be treated as tarkah---Said principle shall also apply to group insurance---Family pension and death gratuity, payable by the employer to the family members of its deceased employee as per the applicable service rules and regulations, are considered as grants/donations, and thus are not inheritable nor do they fall within the definition of tarkah.

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