| Case ID |
1a5a93ac-3567-49c5-ac5f-db67a2dd911b |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.315 of 2009 |
| Decision Date |
Jul 27, 2009 |
| Hearing Date |
Jul 27, 2009 |
| Decision |
The Lahore High Court ruled that the total amount of Rs. 5,50,000, which was to be distributed among the deceased's legal heirs, should be divided according to Muslim law shares. However, the sum of Rs. 1,40,000, payable as Group Insurance, was determined to be exclusively payable to the petitioner, Mst. Fauzia Noureen, as the widow, provided she was duly nominated by the deceased. The remaining amount was to be distributed among the deceased's parents and widow according to their respective shares. The civil revision was partly allowed and disposed of without any orders as to costs. |
| Summary |
In the case of Civil Revision No.315 of 2009, the Lahore High Court addressed the distribution of dues from the estate of a deceased police officer, Mubashar Ali, who died without issue. The court examined the applicability of the Succession Act, particularly sections 278 and 372, in determining the rightful heirs' shares. The ruling clarified that while the total amount was to be shared among the widow and parents per Muslim law, the Group Insurance amount was to be exclusively given to the widow if she was nominated. This decision is significant for understanding how group insurance payouts are treated under succession laws in Pakistan, particularly in cases involving government employees. It highlights the importance of legal representation in succession matters and ensures that beneficiaries are aware of their rights under prevailing laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Muhammad Bashir Khan,
Abid Hussain Abid
|
| Petitioners |
Mst. FAUZIA NOUREEN
|
| Respondents |
MUHAMMAD ASGHAR
|
| Citations |
2010 SLD 378,
2010 CLC 219
|
| Other Citations |
Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731
|
| Laws Involved |
Succession Act
|
| Sections |
278,
372
|