Law: Provident Funds Act, 1925

Section: 5

Law: Provident Funds Act, 1925

Section: 5

Law: Specific Relief Act, 1877

Section: 42

(a) Provident Funds Act (XIX of 1925)-------S. 5---Specific Relief Act (I of 1877), S.42----Suit for declaration---Benevolent fund and group insurance---Inheritable right (Tarka)---Nominee, status of---Scope---Succession certificate for recovery of provident fund was issued in favour of widow but for other service benefits Trial Court also included other legal heirs of deceased in decree---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court---Validity---Nominee had no right to receive amount more than her entitlement---No right conferred upon nominee as full owner as legal heir under Sharia shares would be entitled to get their respective shares---Sole duty of nominee, if any, was to collect amount on behalf of all legal heirs entitled to it under law applicable to nominator---Nomination did not operate as gift or will, therefore, could not deprive other heirs of nominator who were entitled thereunder the law of succession applicable to deceased---Provisions of section 5 of Provident Funds Act, 1925, neither vested amount in nominee nor declared her to be the owner thereof, it had given right to receive amount and nothing else---High Court declined to interfere in passed by Lower Appellate Court, as no misreading or non-reading of evidence or any illegality or any material irregularity error or defect could be pointed out---Revision was dismissed in circumstances. Wifaqi Hukumat Pakistan v. Awam-un-Nas PLD 1991 SC 731; Mst. Amiran Khatoon v. Mst. Shamim Akhtar and others 2005 SCMR 512; Mst. Amtul Habib and others v. Mst. Musarrat Parveen and others PLD 1974 SC 185; Mt. Latifanbhai v. Mt. Sakinanbhai AIR 1939 Sind 107; Noor Muhammad's case PLD 1951 Sind 1 and Moqadar Khan v. Burmashal Oil Distribution Company Ltd. PLD 1968 Kar. 523 ref. (b) Islamic Law--- ----Inheritance---Inheritable tarka---Nominee, status of. Wifaqi Hukumat Pakistan v Awam-un-Nas PLD 1991 SC 731; Mst. Amiran Khatoon v. Mst. Shamim Akhtar and others 2005 SCMR 512; Mst. Amtul Habib and others v. Mst. Musarrat Parveen and others PLD 1974 SC 185; Mt. Latifanbhai v. Mt. Sakinanbhai AIR 1939 Sind 107; Noor Muhammad's case PLD 1951 Sind 1 and Moqadar Khan v. Burmashal…

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