| Case ID |
0c04aa5f-74be-46da-a00a-9193ce464112 |
| Body |
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| Case Number |
Civil Revisions Nos. 379 and 381 of 2010 |
| Decision Date |
Nov 25, 2011 |
| Hearing Date |
|
| Decision |
The court dismissed the revision petitions filed by the petitioners, affirming the appellate court's decision that the respondents, as legal heirs of the deceased joint account holder, were entitled to the amount deposited in the joint bank accounts. The petitioner argued that the funds in the account belonged solely to him as the survivor of the joint account, but the court found no evidence supporting this claim. The ruling emphasized the principles of Islamic law regarding inheritance and the proper handling of joint accounts, concluding that the deceased's legal heirs cannot be deprived of their rightful shares. The appellate court had correctly interpreted the applicable laws and facts, leading to the dismissal of the petition without costs. |
| Summary |
This case revolves around the issuance of a succession certificate following the death of a joint account holder. The petitioner, Syed Shah Pir Mian Kazmi, contended that the funds in the joint accounts should solely belong to him as the survivor. However, the court ruled that the legal heirs of the deceased, Mst. Nelofer and others, were entitled to the funds based on Islamic inheritance laws. The court underscored that joint accounts do not automatically confer full ownership to the surviving account holder unless a clear intention to gift the funds is established. The ruling reflects the intricate relationship between banking practices and Islamic law, emphasizing the need for clarity in the intent behind joint accounts. The decision is significant for understanding how courts interpret joint accounts in relation to inheritance, particularly in the context of Islamic law. Keywords: succession certificate, joint account, Islamic inheritance law, legal heirs, banking practices. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalid Mehmood, J
|
| Lawyers |
Malik Mehmood Akhtar for Petitioner,
Tehmas Khan Jadoon for Respondents
|
| Petitioners |
Syed Shah Pir Mian Kazmi
|
| Respondents |
Mst. Nelofer (Widow) and others
|
| Citations |
2012 SLD 2239 = 2012 CLD 850
|
| Other Citations |
Guran Ditta v. T. Ram Ditta AIR 1928 PC 172,
Habib Ullah v. Shikhupura Central Cooperative Bank Ltd. 1987 SCMR 53,
Safdar Ali Khan v. Public at Large 2004 SCMR 1219
|
| Laws Involved |
Succession Act (XXXIX of 1925)
|
| Sections |
371,
372,
373
|