Law:

Section:

Succession Act (XXXIX of 1925)--- ----S.372---Succession certificate, issuance of---Necessary documents---Heirship certificate and From B issued by NADRA was demanded from applicant---Validity---Held, there was no statutory requirement to insist legal heirs to submit Form B or heirship certificate along with petition either for succession certificate or letter of administration---Before grant of certificate, court for its own satisfaction could call affidavits of no objection of all legal heirs, affidavits of two witnesses who also appeared in court with legal heirs and confirmed veracity of petition including list of surviving heirs---If a person before his death failed to intimate NADRA or failed to fill Form B, it did not mean that after his death, no succession certificate could be issued to legal heirs due to non-completion or fulfilment of such requirement and right of inheritance would be neither suspended nor snatched away only for such reasons alone---Court was to decide and in case of any reasonable doubt, dispute or contention, it could make necessary inquiry so that rights of deserving person might not be affected---In the present case, all necessary requirements were fulfilled, nobody came forward to oppose the petition nor filed any objection in spite of issuing notices and publication in newspaper---All legal heirs also filed their affidavits of "no objection" and there was no impediment or legal disability to grant of Succession Certificate---Petition was allowed in circumstances. ORDER MUHAMMAD ALI MAZHAR, J.---This petition is brought under section 372 of the Succession Act for the grant of succession certificate in respect of debts and securities of late Muhammad Ali son of Virjee Bhayani and Mst. Daulat W/o Muhammad Ali. 1. The names of legal heirs are mentioned in paragraph 3 of the petition. The details of debt and securities relating to both the deceased are mentioned in Annexure "A". The note of Deputy Registrar (OS) dated 5-5-2011 shows that notices have been issued to all the legal heirs and publication has also been effected in daily Jang, Karachi dated 27-4-2011, but nobody has filed any objection. Today the petitioner is not present…

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