Monthly Archives: April 2014

GRAND CHILDREN RIGHT OF INHERITANCE

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GRAND CHILDREN RIGHT OF INHERITANCE

Right of grand children to inherit their share of their predeceased father from their grandfather. Legality is that although Federal Shariat Court had declared section 4 of Muslim Family Laws Ordinance 1961 to repugnant to Islamic Sharia but such verdict was under challenge before the Supreme Court and thereby the operation of said verdict stood suspended automatically till decision of the appeal as provided by Article 203-D of the Constitution. Grandchildren therefore could inherit the share of their predeceased father from their grandfather. (2013 CLC Peshawar 542)

After granting of Letter of Administration if any legal heirs died

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After granting of Letter of Administration if any legal heirs died

Letter of administration was allowed and ordered to be issued, after which two legal heirs of the deceased died- effect- of application for impleading heirs of deceased after order of issuance of Letter of Administration was passed- applicant contended that letter of administration could not issue without impleading legal heir of the two deceased heirs- validity- contention that since letter of administration had not been issued therefore succession application be treated as pending was incorrect. Order on the succession application was final and conclusive and issuance of letter of administration as merely compliance of said order. No matter. Under the law of succession it was not permissible that a common petition/application be entertained for grant of succession certificate/letter of administration pertaining to assets of more than one deceased person, irrespective of the fact that assets were inherited by them from the same person. Under succession Act 1925 amendment or addition was estate of deceased which could not be mentioned in the original succession petition. In the case of death of any legal heir deceased person /legal heirs could not be made party or substituted in place of actual legal heir, and a fresh application for issuance of succession certificate is required to be filed in respect of deceased of legal heir. Application for impleadment was dismissed in the circumstances. 2013 CLC Sindh 339

GP Fund and Gratuity in Succession Certificate

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Succession Act

Section 372 General provident Fund, leave salary, leave encashment and gratuity being in nature of tarka should to the legal heris fo the deceased while group insurance, financial assistance and benevolent fund which did not fall within the ambit of tarka were just grant and grantee was empowered to distribute the same as per rules and regulations of service or any provision of law.

2014 CLC 126 Peshawar

Custody of minor girl to father

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Mother's claim for guardinship of minor daughter, second marriage by mother with a person not related to minor within prohibited degree, father haveing three children from second marriage– validity– mere second marriage by father would not disentitle him from getting custody of his minor daughter– mother, according to Islamic Law, despite being entitled to custody of her minor daughter would become disentitled, if she took second husband not related to minor within prohibited degree, thus custody of minor in such case would belong to her real father. Custody of minor daughter was directed to be handed over to her father in cicumstances (2014 SCMR 343)