Law: Succession Act, 1925

Section: 261

Law: Income Tax Ordinance, 2001

Section: 68, 236-C,236-K

Summary The appellant challenged the dismissal of an application under Section 261 of the Succession Act, 1925 seeking correction of the property's valuation in a Letter of Administration from Rs.220 million to Rs.90 million. The High Court held that there was no dispute regarding ownership or heirship and that the correction was sought to resolve practical difficulties in calculating stamp duty and taxes upon sale of the inherited property. The Court observed that valuation should be based on the applicable FBR and Collector rates rather than the figure mentioned in the succession proceedings. Accordingly, the appeal was allowed, the impugned order was set aside, and the Registrar was directed to assess duties and taxes using the prevailing FBR valuation and Collector value. Sections Used Section 261, Succession Act, 1925 Sections 68, 236-C & 236-K, Income Tax Ordinance, 2001 Two 2-Word Descriptions Property Valuation Succession Correction ORDER SHEET Through this Appeal, the Appellant has challenged the Impugned Order dated 24.02.2026, whereby, Application under Section 261 of the Succession Act, 1925 [the ‘Act’], for correction of value of the sole immoveable property from Rs. 220 million to Rs. 90 million, in the Letter of Administration, was dismissed. Learned Counsel for the Appellant has referred to the Letter of Administration [page-51] issued by this Court earlier, in respect of sole property- House No.8-B, 4th South Street, South Central Avenue, Phase-II, DHA Karachi, which was subsequently mutated in the name of all the Legal Heirs, vide Mutation Letter of 27th May 2025, issued by the Pakistan Defence Officers Housing Authority [DHA] [page 63, Annexure E/1]. In the appended Schedule of the earlier SMA No. 401 of 2025, the Valuation of the above Property is mentioned as Rs.220 million, which is sought to be corrected [as stated above].   Undisputedly, in view of the above, this LIS is still a non-contentious matter. The issue has arisen when the Legal Heirs wanted to sell the property and the Sub-Registrar concerned is of the view that he will consider the value of the subject property as Rs.220 Million for calculation of…