| Citation(s) |
|---|
| 2010 SLG 378 2010 SLD 378 2010 CLC 219 |
Lahore High Court
Civil Revision No.315 of 2009, heard on 27-07-2009
MAULVI ANWARUL HAQ, J
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Civil Revision No.315 of 2009, heard on 27-07-2009
MAULVI ANWARUL HAQ, J
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Mst. FAUZIA NOUREEN
VS
MUHAMMAD ASGHAR
Law:
Section:
Succession Act (XXXIX of 1925)-------Ss. 278 & 372---Dues of deceased government servant---Distribution---Group insurance---Deceased was employee of police department, who died issueless and survived with widow, mother and father---Trial Court issued succession certificate with direction to disburse amount in accordance with rules and regulations of police department but Lower Appellate Court modified the certificate to disburse the amount in. accordance' with Muslim shares---Validity-Out of total amount, sum payable as Group Insurance was not to be part of estate of deceased, therefore, such amount was exclusively payable to widow if duly nominated by deceased---High Court directed that remaining amount was payable to family of deceased and would be distributed accordingly amongst parents and widow---Revision was allowed accordingly. Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731 fol. Muhammad Bashir Khan for Petitioner. Abid Hussain Abid for Respondent. Date of hearing; 27th July, 2009. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 1-12-2008 the respondent No.1 filed an application for grant of succession certificate in the goods of his son Mubashar Ali who had died while in Police service on 15-11-2008. The petitioner is the widow of said Mubashar Ali who did not have any issue while Mst. Ghulam Sakina is his mother. The learned trial Court passed an order on 20-2-2009 stating that the succession certificate be issued in favour of the legal heirs of the deceased in the sum of Rs.5,50,000 but this amount be disbursed in accordance with the Rules and Regulations of the Police Department. The respondent filed a first appeal which has been decided by a learned Additional District Judge, Jhelum, on 9-6-2009 who has directed that the amount…
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