Law: Succession Act, 1925

Section: 371

Succession Act (XXXIX of 1925)--- ----S. 371---Petition for issuance of Letter of Administration was rejected on the ground of lack of jurisdiction as deceased had died at place "S" and his immovable property was located at place "R"---Contention of the applicant was that the deceased was shown to have been an ordinary resident at the given address at place "K" and the fact that he died in place "S" and that his property was located at place "R" did not adversely affect the petition before court at place "K"---Validity---Contention had force and was in consonance with S. 371 of the Succession Act, 1925---High Court set aside impugned order and remanded case to Trial Court for decision on merits---Application was allowed, in circumstances. THIS JUDGMENT DELIVERED BY: SYED ZAKIR HUSSAIN, JUSTICE:---.--- This Miscellaneous Application has been preferred by the applicant against the order passed by the learned Vth Additional District Judge, Karachi (East) in S.M.A. No.414 of 2010, whereby the petitioner carrying the prayer of issuance of Letters of Administration was rejected in limine for want of jurisdiction, on the ground that the deceased died in Sargodha on 29-12-2005 and the immovable property, subject matter of the petitioner, is situated in Bahria Town, Rawalpindi/Islamabad and therefore, neither the subject-matter fell within the territorial limits of the court nor the deceased died within its territorial jurisdiction. The learned counsel for the applicant in support of this application, states that the learned trial court has erroneously come to the conclusion contained in the impugned order and has ignored the legal position enshrined in the provisions of section 371 of the Succession Act, 1925, whereby the petition for Succession Certificate or Letters of Administration is open to…

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