Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Tarka/estate of deceased---Scope---Group Welfare Scheme of Employees---Deceased was employee of Air Force and died during service---Controversy was with regard to distribution of movable and immovable properties left by the deceased to all the legal heirs---Held, tarka/estate of deceased would consist of immovable or movable properties, money and all other articles which he owned and over which he had control and dominion---Amount which had accrued to an employee during his lifetime whether he had received the same or not before his death should become part of estate and such amount had to be distributed among the legal heirs---If amount accrued was "grant" or "concession" then same would be payable to the nominee of the deceased---Amount of Group Welfare Scheme could not be claimed by the deceased during his lifetime nor deceased could ask for payment of the same which would become due and payable to him after his death---Said amount was nothing but an insurance scheme which was payable to an employee in case of his death during service---Amount of Group Welfare Scheme was not part of tarka/estate and same would not be divided among the legal heirs of the deceased---House was given free of cost to the deceased and same was neither money nor monetary allowance but same could be given as compensation or monetary allowance---Deceased had knowledge that house would be allotted to him either on payment or free of cost in case of death during service being member of Housing Society---Said house was awarded to the nominee in exclusion of other legal heirs as a compensation---Nomination could not be treated as a valid transfer of house from the deceased to the nominee---Nomination was neither "will" nor "gift" and same could not be treated as a transfer of immovable property---No question of delivery of possession of plot at the time of nomination was made as at that time no plot had been allotted to him---House in question, in circumstances, was to be devolved upon the legal heirs of the deceased---Appeal was partly accepted in circumstances. Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC…

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