Law: Succession Act, 1925

Section: 373(3)

(a) Succession Act (XXXIX of 1925)--- ----S. 373(3)---Succession certificate, grant of---Nature and scope of S.373 of the Succession Act, 1925 ---Where there was no dispute regarding status of legal heirs but only dispute was regarding "quantum of amount" which a legal heir under law was entitled to receive, then such a dispute, prima facie, was not beyond the scope of S.373 of the Succession Act, 1925. Aziz Ahmed v. Hakimzadi and 7 others 2013 CLC 406; In the matter of: Succession of the Assets Securities, Properties and Accounts of late Javed Iqbal Ghaznavi PLD 2010 Kar. 153; Abdul Ghaffar v. Government of Sindh through Secretary Food and 4 others 2017 PLC (C.S.) 625; Liaquat Ali v. Mst. Huma Faiz and another PLD 2018 Sindh 251; Muhammad Javed and another v. Mst. Roshan Jahan and 2 others PLD 2019 Sindh 1 and In Re: Mst. Shamim Akhtar and others PLD 1994 Kar. 237 ref. (b) Islamic law--- ----Inheritance---Tarka---Concept---Insurance policy payout---Nominee, obligation and status of---Scope---"Nominee" of a deceased's insurance policy was under obligation to collect such benefits / amounts which formed part of the "Tarka" and distribute the same among all legal heirs---All other benefits, amounts, or assets which did not make part of the "Tarka" under law must go to the nominee as otherwise the same would defeat purpose of nomination---"Tarka" was a financial benefit which a deceased during his/her life time was not only authorized to, but also entitled to withdraw or get such benefits from an employer---All other benefits which were yet to mature, and which a deceased could not get during his / her lifetime did not form part of "Tarka" Aziz Ahmed v. Hakimzadi and 7 others 2013 CLC 406 and Muhammad Javed and another v. Mst. Roshan Jahan and 2 others PLD 2019 Sindh 1 rel. (c) Succession Act (XXXIX of 1925)--- ----Ss. 371, 372 & 373---Succession certificate, grant of---Life insurance policy---Nominee of a Life Insurance Policy---Nature---Scope---Money due under a "Life Insurance Policy" and payable to nominee of such policy was a debt for purpose of obtaining a succession certificate --- Nomination was a mandate which came to an end and expired upon death of…

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