Law:

Section:

Succession Act (XXXIV of 1925)- Ss. 375 & 376-Succession Certificate-Held: Can be granted only in respect of debts and securities of deceased going to his heirs--Amount relating to group insurance and gratuity of deceased collected by some heirs-Can be included in certificate for distribution. Mst. Amtul Habib and others v. Mst. Musarrat Parveen arid others P L D 1974 S C 185 ref. JUDGMENT The appellants have by this appeal called in question the propriety of the order dated 18-12-1977 whereby the learned Civil Judge, Lahore had declared, by granting a succession certificate, the respondents' right to claim 3/10th share of all the assets left by the deceased including those which were not initially included in the application. 2. On the death of Syed Abdul Qadir who was the predecessor of the parties, Mst. Majida Qadir, appellant No. l applied for the grant of a succession certificate in respect of a sum of Rs. 27,760 being the debts and securities of the deceased namely an Insurance Policy, Post Office Saving Bank Account and the Defence Bonds. There is no dispute that the appellants collectively own 7/10 share, whereas the respondents have 3/10 share, but the difference arose when an amount of Rs. 38,776.54 relating to the Group Insurance and the Gratuity left by the deceased was collected by appellant No. 1 as his nominee. The respondents, by a separate application, claimed 3/10 share in the said amount but the appellants on the other hand, claimed that the respondents had no right therein. The learned Civil Judge took up both the applications together and held that the appellant No. 1, being a nominee of the deceased, had the right merely to collect the money and the respondents were also the owners of 3/10th share in that sum also. He, therefore, granted the succession certificate for the total sum left by the deceased and held the respondents the owners of 3/10th share. Hence this appeal. 3. The learned counsel for the appellants contended that the amount relating to the Group Insurance and to the Gratuity had since been withdrawn by appellant No. 1, it was, therefore, no more a debt or security of the deceased, and as such it could not be included in…

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