Moulvi ABDUL FATEH vs YAR MUHAMMAD Ss — 2024 PLD 1223 SUPREME-COURT

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Moulvi ABDUL FATEH VS YAR MUHAMMAD Ss. 278 & 372---Qanun-e-Shahadat (10 of 1984), Arts. 49 & 91---Succession Certificate and Letter of Administration---Paternity of children (applicants) disputed---High Court after taking cognizance of all the material facts and the evidence produced by the respondents (son and daughter of deceased) in the shape of oral evidence (fourteen witnesses) and the documentary evidence, including school admission certificate, verification certificate of National Identity Card, school leaving certificate, local certificate, documents of opening of a bank account, and copy of application for nomination of GP Fund Account of deceased's legal heirs, reached to the conclusion that the respondents, through oral as well as the documentary evidence had made out a prima facie case for issuance of Succession Certificate in their favour and were entitled to inherit the estate left behind by their deceased father---On the other hand the petitioner, could not produce any material or documentary evidence in support of the allegation that the respondents were not the real son and daughter and were adopted by deceased---Neither any adoption deed nor any order or proceedings from the competent court of jurisdiction to this effect were produced or referred to by the petitioner before the Courts below while disputing the parentage of respondents---Presumption of correctness was attached to the official record in terms of Article 91 of the Qanun-e-Shahadat, 1984, and the relevancy of entry in public record made in performance of duty in terms of Article 49 of the Qanun-e-Shahadat, 1984 were fully attracted to the facts of the instant case---Since the procedure under Sections 372 and 278 of the Succession Act, 1925 was summary in nature, therefore, in case of any dispute relating to determination of right in any movable and immovable property left behind by a deceased or the challenge to the paternity/legitimacy of the children could have been agitated by the party disputing such right before the competent court of civil jurisdiction while producing the evidence to this effect---Petitioner who claimed to be brother of deceased had no legal character to challenge the paternity/legitimacy of respondents in succession proceedings---Petition for leave to appeal was dismissed.

Moulvi ABDUL FATEH vs YAR MUHAMMAD Ss — 2024 PLD 1223 SUPREME-COURT

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