Law: Succession Act, 1925

Section: 383

Law: Constitution of Pakistan, 1973

Section: 199

(a) Inheritance--- ----Co-sharer, rights of---Principle---Co-sharership is result of devolution of inheritance, co-sharer becomes co-sharer the moment inheritance opens---Even mutation of entries or share in moveable property is also not necessary. 2004 SCMR 392 rel. (b) Succession Act (XXXIX of 1925)--- ----S. 383---Constitution of Pakistan, Art. 199---Constitutional petition---Succession certificate, revision of---Suit for declaration, injunction and rendition of accounts---Compensation---Widow contracting second marriage---Husband of widow was police constable who died in bomb blast and Government announced compensation package and other facilities to bereaved family---Deceased was issueless, therefore, succession certificate was issued in favour of widow and parents of the deceased---Parents of deceased assailed succession certificate in favour of widow on the plea that she had contracted second marriage and got revised succession certificate issued in their favour---Civil suit filed by parents of widow was decreed in their favour---Validity---Widow could not be deprived of her share in view of first succession certificate issued by Trial Court as on such date she was widow of the deceased; her second marriage could not operate retrospectively but Trial Court without considering such aspect of matter passed decree in favor of parents of deceased which could not be sustained except share of salary she received during subsistence of second marriage---Deceased was issueless and parents of deceased who were living with deceased and were dependents were included in the family---Revised succession certificate was issued by Trial Court with consent of both the parties and thereafter, separate certificate was issued respectively---High Court in exercise of appellate jurisdiction set aside passed by Trial court but maintained order regarding salary of deceased received by widow to extent of her share during subsistence of second marriage---Appeal was allowed accordingly. PLD 1991 SC 731; PLD 2010 Kar. 153; PLD 2019 Sindh 1 and PLD 2013 Pesh. 1 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, J.--- The husband of the petitioner Hawa Begum and son of respondents…

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