Succession certificate .. Tarka

Tarka meanin g and scope of tarka… tarka had been defined as maal property which not only included property but also right to property… riht to property meant a property which was due to the deceased from anyother person, and which though not received by the deceased during his life time, but the deceased was legally entitled to raise a claim in respect of the same in his lifetime…. Tarka, thus included all moveable and immoveable properties owned and passed by the deceased at the time of his death, as well as those sums which were due to the deceased form any other person. PLD 2014 Sindh 290



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)

GP Fund and Gratuity in Succession Certificate

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