Law:

Section:

(a) Succession Act (XXXIX of 1925)--- ----Ss.381 & 384---Succession certificate---Object, scope and purpose---Logic behind S.381 of Succession Act, 1925, is to enable a person to recover debts on estate of a deceased but the certificate issued for the purpose neither declares rights of persons interested, nor determine their shares in recoverable debt---Issuance of certificate is with sole purpose to protect party paying debt to holder of certificate---Duty is imposed on holder of certificate to disburse amount realized under certificate among persons entitled, in accordance with their respective rights---Certificate issued under Succession Act, 1925, does not confer any title upon a person but only enables him to recover the debts. Federation of Pakistan v. General Public PLD 1991 SC 731 rel. (b) Succession Act (XXXIX of 1925)--- ----Ss. 381 & 384---Succession certificate---Determining right in legacy---Trial Court, jurisdiction of---Appellants were mother, brother and sister of deceased who claimed their shares in the outstanding dues with government department---Trial Court issued succession certificate to widow of deceased for collection of dues of deceased from government department, where he was employed---Validity---Issuance of certificate did not place bar on the right of appellants (legal heirs) to establish their title and entitlement in debts by a suit before a Court of competent jurisdiction---Issuance of certificate also did not confer any title to holder of certificate, rather certificate was issued with the sole purpose to recover dues from concerned department--- Person aggrieved could press his right through a suit and to recover amount received on the basis of such certificate to the extent of his share on the basis thereof---Trial Court, in the present case, without discussing nature of dues and fact that either it covered legacy of deceased and entitlement of parties before it, ordered to exclude claim of appellants (legal heirs) decided that widow was solely and lonely entitled to receive and encash dues of her late husband and appellants (legal heirs) did not deserve to receive any share out of the dues of deceased--- High Court…

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