| Citation(s) |
|---|
| 2022 SLG 2188 2022 SLD 2188 2022 MLD 1034 |
Sindh High Court
M.A. No. 13 of 2020, decision Dated: 28th May, 2021.
KAUSAR SULTANA HUSSAIN, J
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M.A. No. 13 of 2020, decision Dated: 28th May, 2021.
KAUSAR SULTANA HUSSAIN, J
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Mst. LAILAN KHATOON and another
VS
IMRAN ALI and others
Law: Succession Act, 1925
Section: 372,383
Law: Federal Employees Benevolent Fund and Group Insurance Act, 1969
Section: 2(5)
Succession Act (XXXIX of 1925)--- ----Ss.372, 383---Federal Employees Benevolent Fund and Group Insurance Act (II of 1969), S.2(5)---Succession certificate, issuance of---Scope---Dispute between parties was with regard to amounts to be received by legal heirs and family members of deceased---Validity---Widow and nominees of deceased (employee of WAPDA who died during service) were entitled for those funds of deceased which the deceased could not have claimed in his life time i.e. Gratuity, Group Life Insurance, Family Pension, WAPDA Welfare Fund and ex-gratia---Employer did not need Succession Certificate for releasing such amounts to the family as per S.2(5) of Federal Employees Benevolent Fund and Group Insurance Act, 1969---For release of salary dues and lump sum leave encashment, Succession Certificate was to be issued by Court---Any other grant / package or plot especially and specifically meant for family of deceased government servant was also to be dealt with in such manner and was to be disbursed to family of deceased as per definition of family as envisaged in S.2(5) of Federal Employees Benevolent Fund and Group Insurance Act, 1969---High Court modified Succession Certificate granted by Trial Court---Appeal was allowed accordingly. PLD 1991 SC 731; 2018 SCMR 762; 1996 SCMR 856; 2005 YLR 1096 and 1985 CLC 1411 ref. Inderyas Barkat for Appellants. Muhammad Zakriya for Respondents Nos.1 to 9. Naeemuddin Sahito for Respondent No.10. hearing date: 12th April, 2021. JUDGMENT KAUSAR SULTANA HUSSAIN, J.----Through instant Miscellaneous Appeal, the appellants have challenged the order dated 18.03.2020 passed by learned 1st Additional District Judge Kotri in Civil Miscellaneous Application No.31/2020, whereby their application filed under Section 383 of the Succession Act, 1925 (Act-1925) for revoking Succession Certificate issued under Section 372 of the Act-1925 in favor of respondent No.1 namely Imran Ali vide order dated 27.02.2019, has been dismissed. 2. To be precise the facts of the case are that on 26.01.2019 respondent No.1 filed Succession Application No.07 of 2019 before the 1st Additional District Judge, Kotri for grant of Succession Certificate…
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