Case Details

Citation(s)
2013 SLG 1290 2013 SLD 1290 2013 MLD 753
Sindh High Court
S.M.A. No. 21 of 1996, decision Dated: 21-11-2012.
ABDUL RASOOL MEMON, JUSTICE
M. Sohail Zafar Bhatti for Applicant.

NIAZ FARAZ

VS

THE STATE

Law: Succession Act, 1925

Section: 372

Succession Act (XXXIX of 1925)--- ---S. 372---Succession certificate---Change of name of minor of legal heir in the certificate---After issuance of Succession Certificate share of applicant, who was a minor at that time, was deposited by the Nazir in her name in a profit bearing scheme---Applicant sought correction of her name on the grounds that at time of issuance of Succession Certificate she was known by her childhood name, which was subsequently changed by her mother---Validity---Applicant produced her Family Registration Certificate, educational certificates and record of National Database and Registration Authority (NADRA) to establish that her name had been changed---Mother of applicant had sworn an affidavit that she changed the childhood name of applicant to her current name---Applicant was also present in court along with her original Computerized National Identity Card (CNIC)---No one had come forward to object to the identity of the applicant who was shown with her childhood name at the time of grant of Succession Certificate---Amount deposited in the profit bearing scheme was not substantial---Application was allowed and Nazir was directed to pay the deposited amount to the applicant on execution of personal bonds equivalent to the amount in question. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- The applicant/petitioner has prayed in this application for correction of name of one of the legal heirs from Baby Nashtari to Mayra Khayal Uddin on the grounds that in her childhood she was known in the name of Baby Nashtari but at the time of her admission in the educational institution her mother has changed her name from Nashtari to Mayra Khayal Uddin. The Baby Nashtari was aged about 6 years while this petition was filed and vide order dated 7th April, 1996 Succession Certificate was granted in favour of the petitioner and shares of the minors were ordered to be deposited by the Nazir in their name in some government approved profit bearing schemes and in compliance of the said order the share of Baby Nashtari was…
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