| Citation(s) |
|---|
| 2026 SLD 3178 |
W.P. No.6436-P/2026
Presented By: (WIQAR AHMAD) JUDGE
Date of hearing 10.06.2026 For Petitioner(s): Mr. Hamza Jamshed Advocate. For
Respondent(s): M/s Sana Ullah AAG and Taimur Khan AAG for the Federation. For NADRA: Mr. Shahid Ali Khan, Director Operation & M/s Abdur Rauf, Muhammad Mubarak & Shahid Imran Gigyani, Law Officers.
Rafiq Khan and others
VS
. Federation of Pakistan through Federal Secretary and others
Law: Constitution of Pakistan 1973
Section: 199
Law: Succession Act, 1925
Section: 372, 373, 381
Summary
The petitioner challenged the appellate judgment whereby the trial Court's finding allowing recovery of Rs. 2,33,00,000/- as alleged debt from the deceased's estate was set aside. The petitioner also claimed inheritance as the son of a predeceased brother (nephew) of the deceased and contended that the succession proceedings were incompetent because all legal heirs had not been impleaded.
The High Court held that under Sunni Hanafi Law, a surviving full brother excludes the son of a predeceased full brother from inheritance, as the nearer residuary (Asabah) excludes the more remote heir. Consequently, the petitioner was not a legal heir of the deceased.
The Court further held that proceedings under the Succession Act, 1925 are summary in nature and are limited to the issuance of a succession certificate for realization of the deceased's debts and securities. Such proceedings cannot adjudicate disputed debts, liabilities, title, ownership, or inheritance rights. Since the petitioner's alleged debt had never been established through an independent civil suit—and he had, in fact, withdrawn his recovery suit—the Succession Court lacked jurisdiction to determine his claim.