Law:

Section:

Succession Act (XXXIX of 1925)--- ----Ss. 372 & 383---Succession certificate---Disputed items, status of---Determination---Scope---Appellant filed application for seeking succession certificate with regard to Bank account and valuable items lying in locker of the deceased---Trial Court issued certificate to the extent of Bank account only---Validity---Status of disputed items could not be determined by Trial Court exercising jurisdiction under Succession Act, 1925---Appropriate remedy for parties was to approach Civil Court under its plenary jurisdiction to first determine status of disputed items being legacy of deceased or otherwise; after determination by Civil Court that disputed items constituted legacy of deceased, parties could resort to mechanism under Succession Act, 1925, for obtaining succession certificate in respect of disputed items or extension of existing succession certificate to the disputed items---Order accordingly. Aziz Ahmed v. Hakimzadi and 7 others 2013 CLC 406 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, JUSTICE:---.--- Through instant appeal, the appellant has questioned the validity, legality and propriety of judgment/order dated 09.12.2015 passed by learned Senior Civil Judge, Haripur whereby he partly allowed the petition filed by present appellant. 2. Brief but essential facts of the instant appeal are that on 26.11.2013 Muhammad Jan died leaving behind the present appellant Inam Shah (brother) and Mst. Sadiq Jan (widow) as the only legal surviving heirs. The deceased has also left behind huge moveable as well as immoveable properties. Respondent No. 2 being widow of the deceased filed an application on 20.1.2014 under section 372 of Succession Act, 1925 for issuance of succession certificate regarding certain movable assets left behind by the deceased i.e. Locker No. 436 maintained at Allied Bank Limited, Shahrah-e-Hazara, Haripur, Rs.37,33162.83 lying in the account maintained in the said Bank and Special Savings certificates worth Rs.60,00,000/-. The respondent No. 2 did not implead the present appellant in the said application, however, subsequently on the application for impleadment filed by the present appellant,…

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