ORDER SHEET
M.A No. 17 of 2009
__________________________________________________________________
Order with signature of Judge
__________________________________________________________________
1. For orders on CMA No.1109/2009.
2. For orders on CMA No.1110/2009.
3. For orders on CMA No.1111/2009.
4. For Katcha Peshi.
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24.04.2009.
Mr. S. Shahid Iqbal, advocate for the Appellant.
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1. Granted.
2. Notice to the legal heirs of the deceased.
3. Granted subject to all just exceptions.
4. Learned counsel for the Appellant has contended that the impugned order is not inconformity with law, as the Deceased Shafi Ahmed son of the Appellant had died abroad as consequence thereof a substantial amount is payable as compensation, which the Appellant and other legal heirs of the deceased are entitled to. It is next urged that the Saudi Arab has called upon the Appellant to furnish a succession certificate for the purpose of materially distributing shares amongst all legal heirs of the deceased. The impugned order is not inconformity with law as the learned District Judge West Karachi has dismissed the succession petition without taking into consideration the material facts involved in the case and arrived at conclusion, as the term “compensation” is not the assets in law, therefore, impugned order suffered from inherent defects, requires rectification. Notice to all the legal heirs of the deceased for 14.05.2009.
JUDGE
MUBASHIR
ORDER SHEET
M.A No. 17 of 2009
__________________________________________________________________
Order with signature of Judge
__________________________________________________________________
1. For orders on CMA No.1110/2009.
2. For Katcha Peshi.
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14.05.2009.
Mr. S. Shahid Iqbal, advocate for the Appellant
Appellant Raza Hussain is present in person.
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The Appellant had filed SMA No. 139/2007 in the Court of learned District & Sessions Judge, Karachi West, under Section 327 of the Succession Act, 1925 for issuance of succession certificate, which was declined vide order dated 09.02.2009 on the premise that the amount receivable by the Petitioner and other legal heirs of the Deceased Shafi Ahmed, does not fall within the purview of assets, securities and belongings of the deceased, therefore, there was no justification to issue succession certificate.
Learned counsel for the Appellant has produced a certified copy of the order passed in SMA No. 80/2008 dated 07.07.2008, which was allowed by the learned District & Sessions Judge, in the similar circumstances.
I am constrained to hold that there was no justification for the learned District & Sessions Judge to dismiss the SMA filed by the Appellant on the flimsy grounds.
The Appellant is the father of the Deceased Shafi Ahmed, who expired on 20.09.2006 at Saudi Arabia in a road accident due to heart failure, was buried at Karachi on 22.11.2006 and had left behind following surviving legal heirs:-
|
S. NO. |
NAMEL OF L.Rs |
RELATION |
AGE |
|
|
Raza Hussain
|
Father |
88 years |
|
|
Mst. Khadeeja
|
Mother |
78 years |
|
|
Mst. Seema Perveen
|
Wife |
31 years |
|
|
Ms. Zaibun Nisa
|
Daughter |
22 years |
|
|
Ms. Sajida Perveen
|
Daughter |
21 years |
|
|
Wasi Ahmed
|
Son |
20 years |
|
|
Aisha Perveen
|
Daughter |
19 years |
|
|
Izhar Ahmed
|
Son |
16 years |
|
|
Israr Ahmed
|
Son |
15 years |
|
|
Niaz Ahmed
|
Son |
08 years |
The deceased is entitled to the compensation amounting to Saudi Riyal 25,950 and diyat amounting to Saudi Riyal 75,000, which are lying with Overseas Pakistani Foundation, Ministry of Labour, Manpower & Overseas Division (Overseas Pakistani Division), Government of Pakistan as spelled out from letter dated 05.04.2007 and the legal heirs of the deceased have been directed to submit succession certificate, which also finds support from letter of Embassy of Pakistan in Saudi Arabia that death compensation amount has been received from Ministry of Foreign Affairs, Riyadh, Saudi Arabia, thus total sum payable to the legal heirs of the deceased is Saudi Riyal 100,950.
The appeal is supported by affidavit of the Appellant, all the major legal heirs of the deceased have also filed their affidavits of no objection. They are present in Court and verified the factum contained in the appeal and affidavits of no objection.
Third party affidavits of Khursheed Alam Khan and Feroz Alam Khan have been filed. However, Khursheed Alam Khan, present in Court, has verified that the deceased died intestate and had left no Will nor there is any adverse interest amongst the legal heirs of the deceased.
Objections were also invited from general public by way of publication before learned District & Sessions Judge, Karachi West, but no caveat was received from any quarters.
In view of the above circumstances, impugned order passed by the learned District & Sessions Judge, Karachi West is hereby set aside. Appeal is allowed subject to furnishing solvent surety to the extent of shares of the minors namely Izhar Ahmed, Israr Ahmed and Niaz Ahmed (all minors) before the Nazir of trial Court.
Nazir of District & Sessions Court, Karachi West is directed to collect the amount from concerned quarters, and distribute the shares of the all the legal heirs according to Hanafi Muslim rites. The shares of the minors is directed to be deposited in a profitable government scheme, which shall be released to them upon attaining the age of majority according to law of land.
M.A. No. 17 of 2009 stands disposed of alongwith listed application in the above terms in limine.
Judge
MUBASHIR