Law: Succession Act, 1925

Section: 372

Law: Succession Act, 1925

Section: 372

Law: Constitution of Pakistan, 1973

Section: 199

(a) Succession Act (XXXIX of 1925)-------S. 372--- Constitution of Pakistan, Art.199--- Constitutional petition---Succession certificate obtained by concealing names of some of the legal heirs---Death of civil servant during service leaving behind a surviving widow (petitioner) having three children and seven other children from his pre-deceased wife---Obtaining of separate Succession Certificate by surviving widow and children of pre-deceased wife by suppressing each other's certificate---Withdrawal of pay, benevolent fund, gratuity, G.P. fund, pension and other dues of deceased by surviving widow amounting to Rs.8,81,763 on basis of Succession Certificate showing four legal heirs of deceased including herself the only widow---Surviving widow's claim for withdrawal of group insurance of deceased as her nominee---Validity---Surviving widow had obtained Succession Certificate on basis of false information by concealing names of seven surviving legal heirs of deceased, thus, she was not entitled to claim relief for not having come with clean hands---Surviving widow alone, according to rules, was not entitled to pensionary benefit of her deceased husband---High Court dismissed constitutional petition and directed authority to deposit amount of group insurance with Nazir and also directed surviving widow to deposit amount of Rs.8,81,763 (received by her from department) with Nazir, who would distribute the whole amount amongst legal heirs according to their legal shares. Mst. Amtul Habib and others v. Mst. Mussrrat Parveen and others PLD 1974 SC 185; Mst. Shaista Younus Khan and 3 others v. Mrs. Asia Khatoon and 3 others PLD 1995 Kar. 560 and Fatima Bi v. Mehnar Gul 1999 YLR 759 ref. Federal Government of Pakistan v. Public-at-Large PLD 1991 SC 731 rel. (b) Islamic Law--- ----Inheritance---Succession to estate/property of deceased Muslim, opening of---Scope---Estate/property of a Muslim upon his death would automatically and immediately vest in his surviving legal heirs according to their Islamic shares without any intervention or act on part of any authority---Principles. According to the Islamic Law of Inheritance, if someone dies, the succession to his property…

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