Law: Succession Act, 1925

Section: 264,270,278,299,371

Succession Act (XXXIX of 1925)--- ----Ss. 264, 270, 278, 299 & 371---Letter of administration---Territorial jurisdiction---Principle---Appellant filed application for grant of letter of administration but Trial Court at place "Q" returned the application for lack of territorial jurisdiction---Validity---Application was filed before Trial Court with assertion that deceased had permanent place of abode at place "Q" but properties owned by deceased situated in different parts of another province---District Judge at place "Q" had jurisdiction to entertain application for the purpose and to grant letter of administration---Simultaneously District Judge, in whose territorial jurisdiction the properties situated also had the jurisdiction---Trial Court without going into relevant provisions of law simply returned the application, on the basis that Court had no jurisdiction in the matter---Such action of the Trial Court was an error---High Court advised the Trial Court that before making decision should always go through law applicable in the matter pending for decision---Forum and territorial jurisdiction for courts was determined under Ss.264 & 270 of Succession Act, 1925---High Court did not put respondents on notice as they had not been served when application was returned by Trial Court---High Court set aside the order passed by Trial Court at place "Q" and remanded the case for decision afresh. Mst. Uzma Rehman v. Public at Large PLD 2011 Kar. 108; Tariq Shafi; in the matter of 2013 MLD 129 and Vasdev v. General Public PLD 1979 Quetta 35 ref. ORDER MRS. SYEDA TAHIRA SAFDAR, JUSTICE...........According to the contents of the order dated 17th August 2015, questioned in the appeal, the trial court i.e. Civil Judge/Judicial Magistrate-IX, Quetta, returned the application filed for the purpose of grant of letter of administration, to the appellant Suleman Mehmood for want of territorial jurisdiction. 2. The appellant assailed the order while contending that the trial court ignored Section 371 of the Succession Act 1925. (Act 1925), it clearly provided that the court where the deceased ordinarily resides shall have the jurisdiction to grant the certificate. It…

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