Law: Succession Act, 1925

Section: 278,372

Succession Act (XXXIX of 1925)--- ----Ss. 278 & 372---Succession proceedings before District Judge---Objection by objector---Undetermined claim---Amount claimed by objector released to him by the court---Legality---Objector in question was neither a legal heir nor he had any decree of court in his favour---Objector had an undetermined claim which was not supposed to be entertained by the High Court---Order in respect of moveable and immoveable properties of a deceased was transfer of both the debts and security from a dead person to his legal heirs---If anything was liable to be recovered from the deceased, the same may be recovered from the legal heirs provided such claim was determined by a court of law against the legal heirs---Court seized of a succession petition was not supposed to attach a huge amount of succession in favour of an objector who had not even filed any suit for recovery of said amount---Impugned order had been passed by the court below beyond its jurisdiction, therefore, the same to the extent of attachment/release of Rs.30,00,000 was void---High Court directed the Nazir of the Court to hand over the said amount to the legal heirs as per their share already determined in the succession proceedings---Appeal was disposed of accordingly. THIS ORDER PASSED BY: NAZAR AKBAR, J.- Through this Miscellaneous Appeal the following operative part of the order dated 11.09.2014 passed in SMA No.41/2014 has been challenged:- The amount of Rs.30,00,000/- is to be released in favour of objector after submitting the Judgment and Decree of the competent Court of Law in respect to establish his claim and the Nazir of this Court is authorized to invest the said amount in the profitable scheme till that time. The Objector was one Mr. Ghulam Hussain son of Lal and the said objector was neither the legal heir nor he had any decree of…

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