Law: Succession Act, 1925

Section: 372,373,383(e),387

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

Law: Muslim Family Laws Ordinance, 1961

Section: 7,7(3)

(a) Succession Act (XXXIX of 1925)--- ----Ss. 372, 373, 383(e) & 387---Muslim Family Laws Ordinance (VII of 1961), S. 7(3)---Succession certificate, issuance of---Effectiveness certificate of divorce by Chairman Arbitration Council---Scope---Petitioner had obtained divorce from first husband and married predecessor-in-interest from whose inheritance she sought share vide succession certificate---Respondents assailed including name of petitioner on grounds that her marriage to their deceased father was invalid and her name could not be added to the list of legal heirs---Trial Court accepted claim of petitioner but Lower Appellate Court set aside the same and directed her share to be kept in reserve till her status as wife was confirmed---Validity---Even if marriage of petitioner with deceased predecessor-in-interest of parties took place prior to expiry of iddat period, at best, such marriage was irregular but not void---Certificate of effectiveness of divorce was issued by Chairman Arbitration Council prior to demise of predecessor-in-interest of parties, therefore, irregularity (if at all any) in marriage of petitioner with predecessor-in-interest of parties stood cured---Respondents were to prove before Civil Court that petitioner's marriage with deceased predecessor-in-interest of parties was not valid or she was not one of legal heirs of deceased---Until suit filed by them was decreed, petitioner could not be deprived of her share in legacy of deceased---Mere fact that Trial Court allowed petitioner's application for issuance of succession certificate was not in any manner prejudice or had any adverse effect on suit for declaration instituted by respondents---If respondents succeed in their suit, they would then be in a position to apply for revocation of order granting succession certificate---High Court set aside order passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in circumstances. Mst. Jamila Akhtar v. Public-at-Large 2002 SCMR 1544; Muhammad Hanif v. Mukarram Khan PLD 1996 Lah. 58; Allah Dad v. Mukhtar 1992 SCMR 1273; Mst. Zahida Shaheen v. The State 1994 SCMR 2098; Kaneez Fatima v. Wali Muhammad PLD 1993 SC…

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