| Case ID |
0a65177b-02af-4a21-833d-f9a8d89fdeb4 |
| Body |
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| Case Number |
S.M.A. No. 154 of 2013 and C.M.As. Nos. 754 and 75 |
| Decision Date |
Jul 03, 2014 |
| Hearing Date |
|
| Decision |
The High Court granted the application for the issuance of a Succession Certificate/Letter of Administration without the need for surety, as the matter was deemed non-contentious. The court highlighted that there were no objections filed during the publication period, and thus, allowed the applicant to execute a personal bond equivalent to the matter's value instead of requiring sureties. The decision emphasized the relevance of Rule 400 of the Sindh Chief Court Rules (O.S.), which allows for exemptions from surety requirements under certain conditions, affirming the applicant's rights in succession matters. |
| Summary |
This case revolves around the issuance of a Succession Certificate under the Succession Act, 1925, specifically focusing on sections 278 and 372, and the application of Rule 400 of the Sindh Chief Court Rules (O.S.). The petitioner, KAMRAN MIRZA, sought exemption from furnishing surety for the grant of the succession certificate, arguing that the matter was non-contentious. The court, presided over by Justice AAMIR RAZA NAQVI, agreed with the petitioner's request given that no objections were raised after the publication inviting them. The ruling underscores the court's discretion in succession cases where sureties may not be necessary, thus facilitating the process for applicants. This case sets a precedent for future succession matters, emphasizing the importance of personal bonds in lieu of sureties and the court's role in expediting non-contentious cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMIR RAZA NAQVI, J
|
| Lawyers |
M. Arif Khan,
Shahan Karimi
|
| Petitioners |
KAMRAN MIRZA
|
| Respondents |
MOAZZAM MIRZA
|
| Citations |
2014 SLD 69,
2014 PLD 500
|
| Other Citations |
1996 MLD 873
|
| Laws Involved |
Succession Act, 1925,
Sindh Chief Court Rules (O.S.)
|
| Sections |
278,
372,
400
|