Law:

Section:

Succession Act (XXXIX of 1925)--- ----Ss. 372 & 373---Constitution of Pakistan (1973), Art. 185(3)---Succession certificate, grant of---Dispute as to a legal heir---Jurisdiction of Court--­Scope---Petitioner denied the respondent as a second widow of the deceased---Nikahnama produced by the respondent contained different name and not of the respondent---Petitioner filed application before the Family Court for summoning record of Union Council to ascertain whether the Nikah was entered in the relevant register under Muslim Family Laws Ordinance, 1961---Trial Court without passing any order on the application issued the Succession Certificate which included the name of the respondent also---Certificate issued by the Trial Court was maintained by the Lower Appellate Court and High Court---Plea raised by the petitioner was that without having a declaration from the Civil Court, the succession Certificate could not have been issued in favour of the respondent---Validity---Nakah on which the respondent had placed reliance prima facie appeared to be a mutilated document as name of the bride was different and below that name, the name of the respondent had been written---Family Court in the present case while granting Succession Certificate to the respondent, should have directed that no share of the said amount would be paid to the respondent unless she would get a decree from Civil Court about her status as widow of the deceased---Such question could not be decided in summary proceedings--­Supreme Court advised the respondent to get her status as widow of the deceased established by tiling a civil suit---Supreme Court directed that if the respondent succeeded in getting a decree, the amount already received by her under Succession Certificate might be retained by her and in case the suit was decided against her, the respondent would refund the amount to the other widow included in. the certificate and the other widow would distribute the refunded amount among the remaining heirs of the deceased---Petition for leave to appeal was converted into appeal and orders passed 'by the Courts below were set aside---Appeal allowed. JUDGMENT MUNIR A. SHEIKH, J.---The dispute…

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