Law:

Section:

(a) Succession Act (XXXIX of 1925)--- ----Ss. 278 & 295---Qanun-e-Shahadat (10 of 1984), Arts.61, 73 & 76(c)---Suit for issuance of letter of administration---Will---Claim of plaintiff that the Will had been executed in his favour by deceased was denied by defendant (Widow of deceased)---Proof---Plaintiff, instead of original Will produced in evidence Photocopy thereof---Plaintiff did not lead any independent evidence that deceased at the time of death, had left a Will---Plaintiff did not lead any evidence about destruction of original Will---Secondary evidence could not be led unless destruction of primary evidence was established by plaintiff by producing plausible and convincing evidence---Signatures of deceased on Will were denied by his widow---Widow would be presumed to be well acquainted and familiar with signature of her deceased husband, thus, her denial. of his signature would be of much significance---No suggestion was put to widow during cross-examination that Will bore signature of deceased and she was telling lie---Plaintiff did not bring on record any document to show admitted signature of deceased for comparison thereof with signature of deceased on Will---Nothing was on record to show that original was not traceable---Widow's denial about signature of her deceased husband was upheld in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133--Assertion made by witness in examination-in-chief not disputed or controverted in cross-examination---Effect---Such assertion would be deemed to have been accepted by opposite party---Principles. Muhammad Akhtar v. Manna and others 2001 SCMR 1700 rel. (c) Islamic Law--- ----Gift---Widow claimed property to have been gifted in her favour by her deceased husband---Proof---Age of one witness of widow at the time of declaration of gift in her favour was stated to be of 15-16 years---Such important declaration might not have been made by deceased in presence of a grown up youth---Had deceased gifted property in favour of his widow, then she would have got same mutated in record of rights during life time of deceased---Mere assertion of widow that she did not get property mutated in her name as…

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