Law:

Section:

Succession Act (XXXIX of 1925)---Ss. 373 & 372----Grant of succession certificate----Succession proceedings, scope of---Real brother of deceased intervened in succession proceedings putting his claim against the property and National Saving Certificates of the deceased---Objections of the intervener were overruled and succession certificate was granted in favour of legal heirs of deceased---- Validity--- Objector/intervener was not a legal heir of the deceased and provisions of the Succession Act, 1925 would therefore not be helpful to such a person----Objector, in the present case, although was the real brother of the deceased, however he was considered a stranger in the proceedings for grant of succession certificate to the legal heirs of the deceased and would have no locus standi to join the proceedings since succession proceedings were limited in nature to the extent of determination of the rights of legal heirs of the deceased inter se and scope of such proceedings could not be enlarged to include settlement of disputed claims and determination of liabilities of legal heirs of the deceased---Revision was dismissed. Dr. Saleem Javed and others v. Mst. Fauzia Nasim and others 2003 SCMR 965 and Mst. Jameela Akhtar v. Public-at-Large and others 2002 SCMR 1544 rel. ORDER IBAD-UR-REHMAN LODHI, J.---When on 12-4-2009, Rafiq Ahmad, predecessor-in-interest, of present respondents Nos.2 to 4 breathed his last, his succession was opened. Said deceased was survived through the following legal heirs:-- (i) Mst. Allah Bachai mother (ii) Mst. Shahnaz Bibi widow (iii) Ahmad Hassan son Ahamd Hassan, the minor son, through his real mother Mst. Shahnaz Bibi, applied for getting succession certificate of the legacy of his deceased father before the Civil Judge at Rajanpur. 2. Shafique Ahmad, brother of deceased Rafiq Ahmad, intervened in the proceedings by putting his claim against the property owned by the deceased Rafiq Ahmad in his life time, particularly, with regard to the saving certificates obtained by deceased from National Saving Centres. 3. In order to resolve such controversy, the learned Civil Judge, seized of the matter, proceeded to frame the issues…

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