| Citation(s) |
|---|
| 2016 SLG 589 2016 SLD 589 2016 PLD 197 |
Sindh High Court
S.M.A. No. 73 of 2015, decided on 25th June, 2015.
NADEEM AKHTAR, J
Abdul Qadir Khan for Petitioner.
S.M.A. No. 73 of 2015, decided on 25th June, 2015.
NADEEM AKHTAR, J
Abdul Qadir Khan for Petitioner.
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Law: Succession Act, 1925
Section: 372
(a) Succession Act (XXXIX OF 1925)-- ----S. 372---Succession certificate grant of---Hindu Law---Succession-Scope---Deceased was last full owner of all the property left by him---Said properties should devolve upon his legal heirs according to the rules of succession---Daughters during life time of their mother under Hindu law of succession were not entitled to inherit from the estate of their father---Such right of daughters would accrue only after the death of their mother---Daughters would succeed if their mother died daring the lifetime of their father---Heritable right would accrue to the daughters not on the death of their father but after the death of their mother though they were not heirs of their mother but of their father---Daughter of deceased was not entitled to inherit from the estate as her mother and the widow of the deceased was alive and not because that she got married during the lifetime of deceased---Movable and immovable properties left by the deceased would be inherited by his widow and sons---Widow would take only a limited interest i.e. 'the widow's estate' in the estate of her husband and in the event of her death the estate would be inherited not by her heirs but by the next heirs of her husband i.e. 'reversioners'---Widow had filed her affidavit surrendering and relinquishing her "life interest" in favour of her sons/other legal heirs of the deceased---Movable and immovable properties left by the deceased be divided amongst his two sons---Application for grant of succession certificate and letters of administration was allowed in circumstances. (b) Hindu Law--- ----Inheritance---Rule of survivorship---Scope---Rule of survivorship would apply to joint family property---If at the time of his death the owner of property was a member of a joint and undivided family i.e. 'coparcenary' then his undivided interest in the coparcenary property would devolve on his coparceners by survivorship. (c) Hindu Law--- ----Inheritance---Rule of succession---Scope---Rule of succession would apply to the property held in absolute severalty by the last owner. (d) Hindu Law-- ----Inheritance---Window would take only a limited interest i.e. the widow's…
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