Citation Name: 2023 YLR 675 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUMTAZ BIBI vs PUBLIC AT LARGE Inherita

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

Citation Name: 2023 YLR 675 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUMTAZ BIBI VS PUBLIC AT LARGE Inheritance---Classes of heirs---Three classes of heirs namely: (1) Sharers, (2) Residuaries, and (3) Distant Kindred---"Sharers" are those who are entitled to a prescribed share of the inheritance---"Residuaries" are those who take no prescribed share, but succeed to the "residue" after the claims of the sharers are satisfied---"Distant Kindred"are all those relations by blood who are neither Sharers nor Residuaries. Citation Name: 2023 YLR 675 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUMTAZ BIBI VS PUBLIC AT LARGE S. 372---Succession certificate---Residuary and distant kindred---Preference---Respondents applied for issuance of succession certificate regarding debts and securities (amount of insurance policy) left by deceased claiming that the deceased was their paternal uncle; that the deceased died issueless leaving behind his widow (petitioner); and that respondents were sons of one brother of the deceased ("A") entitled for succession as residuaries---Four petitioners being the widow and daughters of the other brother of the deceased ("M") maintained in their written statement that they were legal hears of the deceased as their father "M" died after the death of the deceased; that petitioners fell under the definition of "distant kindred" of the deceased, so the respondents were not entitled for succession as they were remote in relation---Trial Court accepted the application and granted the petitioners and said four respondents' shares from the insurance policy being legal heirs of the deceased under the definition of residuary---Petitioners' impugned the Trial Court's order but District Court dismissed their appeal---Validity---Deceased left one wife only---"M" being real brother of the deceased died after one month of deceased' death, leaving behind three daughters and a wife---"A" being another real brother of the deceased died 18 years after the death of the deceased---Wife of the deceased will get 1/4th as sharer and rest of the legal heirs of "M" and "A" will get the share from the remaining inheritance of the deceased---Petitioners failed to point any illegality in the judgments of both the Courts below---Revision petition was dismissed accordingly.

Citation Name: 2023 YLR 675 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUMTAZ BIBI vs PUBLIC AT LARGE Inheritance — 2023 YLR 675 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 YLR