Law:

Section:

Succession Act (XXXIX of 1925)--- ---S. 278---Letter of administration, issuance of---Pre-conditions for fixing a Succession Miscellaneous Application ("SMA") for hearing before the High Court---Family Registration Certificate ("FRC") issued by NADRA---Office raised objection that before registering the "SMA", the petitioner should produce a Family Registration Certificate ("FRC") issued by NADRA; held, that while 'FRC' was neither exclusive nor conclusive evidence of next-of-kin, it nonetheless facilitated the court in dealing with succession matters---High Court directed that while the office may register the 'SMA' for its further processing, it should not be fixed for hearing until the petitioner either filed a FRC or in the very least demonstrated that he had applied for one but was declined by NADRA---Petition was disposed of accordingly. Ziauddin's case PLD 2012 Sindh 284 distinguished. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY, JUSTICE---.--- The office has raised an objection that before registering the SMA, the Petitioner to produce a Family Registration Certificate [FRC] that has ordinarily issued by the NADRA to depict a family tree of sorts (next-of-kin) of the applicant (i.e., the ones in the database of NADRA). While such FRC is neither exclusive nor conclusive evidence of next-of-kin of the applicant, it nonetheless facilitates the Court in dealing with Succession matters. Learned Counsel submits that a FRC being alien to the requirements of the Succession Act, 1925 and the Sindh Chief Court Rules (O.S.), its insistence for registering an SMA is unlawful. He places reliance on Ziauddin's case (PLD 2012 Sindh 284) in which it was held that unless a doubt arises as to the legal heirs, the insistence on producing a Form 'B' (pronounced bay form in the vernacular) in respect of the deceased was uncalled for inasmuch as, such document was not a statutory requirement for an SMA. However, the ratio of the said decision is in the following para: "If…

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