| Citation(s) |
|---|
| 2011 SLG 2224 2011 SLD 2224 2011 PLD 108 |
Sindh High Court
Miscellaneous Appeal No. 33 and C.M.A. No. 2589 of 2009, decided on 21st January, 2010
FAISAL ARAB, J
Muhammad Akbar Awan for Appellant
Miscellaneous Appeal No. 33 and C.M.A. No. 2589 of 2009, decided on 21st January, 2010
FAISAL ARAB, J
Muhammad Akbar Awan for Appellant
Mst. UZMA REHMAN
VS
PUBLIC-AT-LARGE--Respondent.
Law:
Section:
Succession Act (XXXIX of 1925)--- ----Ss. 371 & 384---Grant of Letter of Administration---Jurisdiction---Scope---Deceased husband of applicant who was residing at place, K had left movable and immovable properties at K as well as at place K---Earlier, a succession certificate was granted on application filed at place K however application for grant of Letters of Administration for immovable property left by the deceased at place L was dismissed on ground that property in question was situated at place L and applicant should approach the court having jurisdiction---Under S.371 of Succession Act, 1925 jurisdiction lay with the court where the deceased ordinarily resided---In the present case succession certificate had already been granted by the court at place K which established that the deceased resided at place K at the time of his death---No justification was available for the court at place K to dismiss the application for grant of Letter of Administration in respect of the property left by the deceased at place L---Impugned order was set aside and court was directed to proceed, with the matter accordingly. ORDER FAISAL ARAB, J.---Learned counsel for the appellant states that at the time of his death deceased Shaikh Mujeebur Rehman, husband of the appellant, was residing at Karachi, who had left movable and immovable properties at Karachi as well as at Lahore. Earlier a Succession Miscellaneous Application…
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