ABDUL GHAFFAR vs FAIZI BIBI S — 2023 YLR 54 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 54 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: ABDUL GHAFFAR vs FAIZI BIBI S
Subject matter: Civil
Provisions referred to: S. 272---S

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

ABDUL GHAFFAR VS FAIZI BIBI S.272---Succession certificate---Tarka---Islamic law--- Deceased/government servant (issueless) was martyred during service and Government declared him Shahaeed and announced compensation amount for his legal heirs---Petitioner (brother/legal heir of the deceased/servant) filed suit against respondents (mother and two brothers of the deceased) that they had obtained succession certificate without impleading the petitioner as legal heir in the succession application and received the compensation amount accordingly---Suit was decreed by Civil Court, but the same was set aside by the appellate/District Court---Validity---Amount of compensation did not fall within the parameters of a Tarka, thus, no one could claim the same as matter of legitimate right---Revision petition was dismissed accordingly.

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