Citation Name: 2025 PLD 403 KARACHI-HIGH-COURT-SINDHBookmark this Case Shreemati SARSWATI DEVI vs Shreemati JA

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Citation Name: 2025 PLD 403 KARACHI-HIGH-COURT-SINDHBookmark this Case Shreemati SARSWATI DEVI VS Shreemati JANKI BAI Ss. 295 & 278---Letter of administration---Scope---appellant filed Succession Miscellaneous application before the District Judge requesting the issuance of a Letter of administration for a car and a Succession Certificate for an amount of Rs. 1,45,00,000/- left by her late husband---Deceased was survived by three daughters, two sons and a widow---appellant claimed that under Hindu Law, married daughters could not inherit from their father's estate during life time of their mother---Two daughters filed affidavit of no objection, but the third daughter was listed as an objector---District Judge granted the married daughters a share in the estate, contrary to the appellant's claim under Hindu Law---Validity---Under the Mitakshara system of Hindu Law, daughters were not entitled to inherit from their father's estate during the lifetime of their mother---Right of daughters to inherit only arose after the death of their mother---Said principle was rooted in the traditional framework of the Mitakshara system, which prioritized the rights of the mother as the immediate female heir---Rule of survivorship applied exclusively to joint family property, where the property passed to the surviving coparceners by virtue of their birthright---In contrast, the rule of succession governed property held in absolute severalty by the last owner, meaning it was treated as separate and self-acquired property---In the present case, since the deceased was the last full owner of the property, the rules of succession would apply to determine its distribution---Under these rules, a widow does not acquire absolute ownership of her husband's estate but instead holds a limited interest, known as the widow's estate---Said interest is a life estate, allowing her to possess and enjoy the property during her lifetime but restricting her from alienating it except under specific conditions---Upon her death, the estate does not pass to her own heirs but instead devolves upon the next heirs of her husband, as determined by the rules of succession under Hindu Law---Such fact ensures that the property remains within the husband's lineage, aligning with the principles of the Mitakshara system, which emphasizes the preservation of family property within the paternal line---For the foregoing reasons, appeal was allowed, impugned order passed by District Judge was set aside with the directions that Succession Certificate shall be issued for Rs.1,45,00,000, and letter of administration in respect of car and the inheritance shall be limited to sons, widow and grandchildren of the deceased, excluding the married daughters.

Citation Name: 2025 PLD 403 KARACHI-HIGH-COURT-SINDHBookmark this Case Shreemati SARSWATI DEVI vs Shreemati JANKI BAI Ss — 2025 PLD 403 KARACHI-HIGH-COURT-SINDH

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