| Case ID |
2bf98db1-6780-4879-8a43-d5bb4977af16 |
| Body |
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| Case Number |
D-3969 of 2011 |
| Decision Date |
Sep 20, 2012 |
| Hearing Date |
Aug 16, 2012 |
| Decision |
The High Court dismissed the constitutional petition, ruling that the petitioner, Mst. Rukhsana, had obtained a Succession Certificate by concealing the names of seven surviving legal heirs of the deceased. The court directed the authority to deposit the group insurance amount with the Nazir and ordered the petitioner to deposit Rs. 8,81,763 received from the department. The ruling emphasized that the widow alone was not entitled to pensionary benefits, and the distribution of the deceased's assets must be in accordance with the legal shares of all heirs. |
| Summary |
In the case of Mst. Rukhsana vs. Province of Sindh, the Sindh High Court addressed issues of inheritance and succession under Islamic law and the Succession Act of 1925. The case arose after the death of Munir Ahmed Sheikh, a police inspector, who left behind multiple heirs including a widow and children from two marriages. The petitioner, Rukhsana, attempted to claim benefits and dues amounting to Rs. 8,81,763 based on a Succession Certificate that did not disclose all legal heirs. The court found that her claim was invalid due to the concealment of facts and ordered the proper distribution of assets among all legal heirs. This case underscores the importance of transparency and fairness in succession matters, particularly under Islamic law, where all heirs must be acknowledged and compensated according to their rightful shares. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM, C.J.,
SYED MUHAMMAD FAROOQ SHAH, J
|
| Lawyers |
Muhammad Ramzan for Petitioner,
Meeran Muhammad Shah, A.A.-G. for State,
Ali Sher Jakhrani, A.I.-G. Legal for Respondents
|
| Petitioners |
Mst. Rukhsana
|
| Respondents |
4 others,
PROVINCE OF SINDH through Home Secretary
|
| Citations |
2013 SLD 668 = 2013 CLC 370
|
| Other Citations |
Mst. Amtul Habib and others v. Mst. Mussrrat Parveen and others PLD 1974 SC 185,
Mst. Shaista Younus Khan and 3 others v. Mrs. Asia Khatoon and 3 others PLD 1995 Kar. 560,
Fatima Bi v. Mehnar Gul 1999 YLR 759,
Federal Government of Pakistan v. Public-at-Large PLD 1991 SC 731
|
| Laws Involved |
Succession Act, 1925,
Constitution of Pakistan, 1973
|
| Sections |
372,
199
|