Law:

Section:

Succession Act (XXXIX of 1925)--- ----S.372---Application for succession certificate---After succession miscellaneous application was granted, the amount was distributed amongst the petitioner (wife) and two legal heirs; son and daughter---Contention of the applicant was that the son was allegedly not the real son of the deceased as his name was not mentioned in the affidavit of the petitioner-wife of the deceased before the Official Assignee----Validity---High Court directed the son to appear before the Hospital along with the petitioner for the purpose of DNA test to ascertain whether or not he was real son of the petitioner and was entitled to the succession amount; and the expenses for said test were to be paid by the applicant. ORDER MRS. QAISER IQBAL, J.---In response to the order dated 21-4-2009, affidavit of the petitioner along with reply of learned Official Assignee to the notice dated 28-4-2009, issued to him, have been produced, which are taken on record. At this juncture, the dispute only relates to the factum whether legal heir namely Pervez Ghani son of the Deceased Abdul Ghani. After succession Miscellaneous Application was granted, the amount was distributed amongst the petitioner and two legal heirs of the deceased namely Pervez Ghani and Ms. Aaisha Ali. After arguing the matter at length, applicant Abdul Hameed has stressed that Pervez Ghani is not the son of the deceased Abdul Ghani as his name does not find place in the affidavit of the petitioner filed before the learned official Assignee and it was vehemently argued that the petitioner and legal heir Ms. Aaisha Ali were entitled to the money arising out of the Suit No.757 of 1988 lying deposited…

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