| Citation(s) |
|---|
| 2015 SLG 2376 2015 SLD 2376 2015 CLC 1333 |
Sindh High Court
Suit No. 703 of 2007, decided on 30th January, 2015. DATE ofhearing: 20th November, 2014
NAZAR AKBAR, J
Narain Das C. Motiani for Plaintiffs. Abdul Shakoor for Defendant No. 3. Mohsin Shahwani and Ms. Zulekha Sakhrani for Defendants Nos.2, 13 and 14. Kashif Peracha for Defendants Nos.1, 8 to 12 and 15. Rizwan Ahmed Siddiqui for Defendant
Suit No. 703 of 2007, decided on 30th January, 2015. DATE ofhearing: 20th November, 2014
NAZAR AKBAR, J
Narain Das C. Motiani for Plaintiffs. Abdul Shakoor for Defendant No. 3. Mohsin Shahwani and Ms. Zulekha Sakhrani for Defendants Nos.2, 13 and 14. Kashif Peracha for Defendants Nos.1, 8 to 12 and 15. Rizwan Ahmed Siddiqui for Defendant
Mrs. BILQUIS MOHSIN BUTT and 3 others--PlaintiffsVs MUHAMMAD MAHMOOD BUTT and 15 others----Defendants
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Limitation---Scope---Suit for administration was only a formality to determine the mode of distribution of the estate of the deceased amongst the legal heirs according to the Shariah---Court would act only as an administrator in such suit for a limited purpose---Plaintiff was required to satisfy the court in a suit for administration and partition, his status as legal heir of the deceased and proprietary rights of the deceased in the estate at the time of opening of succession---Question of limitation in case of joint family properties did not arise---In the present case, none of the properties mentioned in the schedule were part of the estate of the deceased---Plaintiff could not seek administration and partition of the disputed properties---Suit was dismissed in circumstances. Pattoki Sugar Mills Limited through Chief Executive v. WAPDA through Chairman and 4 others 2007 CLD 659 and Anjum Rashid and others v. Shahzad and others 2007 CLC 1414 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Limitation---Question of limitation in case of joint family properties did not arise. (c) Company--- ----Limited company was a juristic person and a legal entity separate from its share-holder and any change in the shareholding of a company did not mean change in the title of assets of the company or premises occupied thereby---Properties of a company could not be inherited by the legal heirs of one of its Directors or even ordinary shareholders of the company---Legal heirs of a deceased director or shareholder of a company could claim inheritance only to the extent of shareholding of the deceased Director or shareholder in the company and not in the assets of the company as estate of the deceased. (d) Islamic law--- ----Succession---Classes of legal heirs---Classes of legal heirs of deceased (in Sunni Hanfi Law of Succession) were sharer, residuaries and uterine (distant kindred). (e) Islamic Law--- ----Distribution of the estate of deceased---Procedure. Muhammadan Law paras 61 and 63…