Law: Succession Act, 1925

Section: 220,372,249,253

Law: Constitution of Pakistan, 1973

Section: 199

(a) Succession Act (XXXIX of 1925)--- ----Ss. 220, 372, 249 & 253---Constitution of Pakistan, Art.199---Constitutional petition---Transfer of immovable property---Letter of administration---Scope---Petitioner applied for transfer of plot but respondent-department issued letter asking him to get permission of the court for the sale of the same and submit the succession certificate---Validity---Demand of respondent-department was not legal as succession certificate was issued against the movable property---Petitioner had produced letter of administration which had cleared the matter and there was no need of further permission for sale of property by the court---Constitutional petition was accepted in circumstances. (b) Succession Act (XXXIX of 1925)--- ----S. 372---Succession certificate---Object---Succession certificate could be issued only for debts and securities which would never give any general power of administration on the estate of the deceased nor same would establish title of the grantee as the heir of the deceased---Succession certificate would only furnish the grantee with authority to collect debts due to the deceased and would allow the debtors to make payment to him with incurring loss---Object of succession certificate was to facilitate the collection of debts, to regulate the administration of succession and to protect person who was going to deal with the alleged representatives. (c) Succession Act (XXXIX of 1925)--- ----Ss. 220, 249 & 253---Letter of administration---Scope---All rights belonging to the intestate would vest in the holder of letter of administration the moment same was granted by the competent court of law and only two conditions could limit such letter of administration when same was with regard to will or court of competent jurisdiction had granted the same for limited purpose. JUDGMENT WAQAR AHMED SETH, J.--- Mrs. Naheed Kamal Azfar petitioner seeks the constitutional jurisdiction of this Court praying for:--- "that on acceptance of this writ petition to declare the impugned letter of the respondent No.2 is without lawful authority and of no legal effect and direct the respondents to transfer the bungalow No.2, Khaira…

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