Law: Succession Act, 1925

Section: 372

Islamic law--- ----Inheritance---Tarka---Civil service---Pension---Scope---Appellants claimed to be great distant legal heirs of the deceased who was issueless; thus, they sought their due share in his pensionary benefits---Widow of deceased had also filed an application for similar relief---Trial Court dismissed the application filed by appellants and allowed that of the widow---Validity---Pension of a deceased was not heritable property i.e. it did not constitute tarka of the deceased, and its distribution was governed under the statute/rules that provided for such pension---Appellants were not entitled to receive any share from the pensionary benefits of deceased---Orders passed by Trial Court did not suffer from any material illegality or irregularity to warrant interference by the High Court---Appeals were dismissed. Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731 and Dr. Safdar Hussain and another v. Flt. Lt. Nadia Latif and others 2014 YLR 1553 rel. Mrs. Hina Mumtaz Soomro and others v. Abdul Sami Soomro and others PLD 2018 Sindh 671 foll. JUDGMENT ABDULLAH BALOCH, J.----Since common point is involved in both the appeals, therefore, this common judgment disposes of both appeals, the Succession Appeal No.03 of 2021 filed by the appellants against the order dated 7th September 2021 (the impugned order) passed by the learned District Judge, Mastung (the trial Court) whereby the application for grant of Succession Certificate filed by the respondent No. 1 was allowed. Whereas the Succession Appeal No.04 of 2021 filed by the appellants against the order dated 31st August 2021 (the impugned order) passed by the learned District Judge, Mastung (the trial Court) whereby application under Section 372 of the Succession Act, 1925 filed by the appellants was dismissed. 2. Brief facts of the appeal No.3 of 2021 are that the respondent No.1/applicant filed Succession Application under Section 372 of Succession Act, 1925 for grant of Succession Certificate in the trial Court with the averments that she is widow of late Abdul Khaliq, who was performing his duty as Valve Man in Public Health Engineering Department (PHE) Mastung and also maintained a Bank Account…

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