Law: Succession Act, 1925

Section: 372,373,374,377,381,000

Succession Act (XXXIX of 1925)-- ----S. 372---Proceedings for issuance of succession certificate---Non-adversarial proceedings---Single Judge of High Court giving directions to Nazir to collect the statements of accounts with effect from the year 1997 to 2014 from the concerned Bank (financial institution) whereat accounts of the deceased were maintained---Legality---Question as to whether it was just and proper for Single Judge to render an inquisitorial order in non-contentious succession proceedings---Legal heirs of deceased defending the impugned order of Single Judge contended that upon the demise of the deceased, the legal heirs stepped into the shoes of the deceased and hence were entitled to obtain statements of account in the same manner as would have been permissible to the deceased, at the time that he was alive---Held, that record showed that there was no mention of the deceased having expressed any dissatisfaction with regard to his accounts, maintained with the appellant-Bank, during his life time---Even if the legal heirs apprehended that the accounts had been dealt with otherwise than in accordance with the law, they remained at liberty to institute the appropriate proceedings in such regard before the forum of appropriate jurisdiction---Proceedings before the Single Judge for issuance of succession certificate ('SMA proceedings') were not adversarial in nature and the appellant-Bank was not even a party thereto, hence, the Single Judge of High Court in SMA proceedings could not be designated as the appropriate forum for the legal heirs, to seek an inquisition into and/or the determination of any apprehensions that they may have had with respect to the accounts of the deceased maintained with the appellant-Bank---Impugned direction of the Single Judge, seeking the statements of account of the deceased with effect from 1997 till 2014, was unmerited, and could not be considered as just and proper---Appeal was allowed and the impugned order was set-aside accordingly. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- The crux of this Judgment is the determination whether it was just and proper for a learned Single Judge of this Court to render an…

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