| Case ID |
2e4c4b87-7342-488a-80a1-aa1fba017187 |
| Body |
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| Case Number |
Succession Appeals Nos.03 and 04 of 2021 |
| Decision Date |
Oct 29, 2021 |
| Hearing Date |
Oct 27, 2021 |
| Decision |
The Balochistan High Court dismissed the appeals filed by Abdul Razaq and others against the orders of the trial court regarding the grant of Succession Certificates. The court held that the pension of the deceased Abdul Khaliq was not heritable property and did not constitute 'tarka' under Islamic law. The court found that the widow of the deceased, Hoor Jan, was entitled to the pensionary benefits as per the applicable statutes and rules, and the claims made by the appellants were not valid. The orders of the trial court were upheld, and no material illegality or irregularity was found that warranted intervention by the High Court. |
| Summary |
In the case of Succession Appeals Nos.03 and 04 of 2021, the Balochistan High Court addressed the issue of inheritance concerning pensionary benefits under Islamic law. The appellants, claiming to be distant relatives of the deceased Abdul Khaliq, sought a share in his pension after his passing on October 6, 2020. The court determined that the pension was not part of the deceased's estate and therefore not subject to inheritance laws. The ruling emphasized that pensions are governed by specific statutes and do not form part of the deceased's 'tarka'. The decision referenced previous judgments that supported the view that pension benefits are not heritable. Consequently, the court dismissed the appeals, reinforcing the legal principle that pensions are not inherited property but rather a grant to the legal heirs designated by statute. Key terms in this case include 'Succession Act', 'inheritance law', and 'pension benefits', which are trending topics in the context of succession and estate planning. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Abdullah Baloch, J
|
| Lawyers |
Muhammad Ibrahim Lehri for Appellants,
Ghulam Mohyuddin Sasoli and Munawar Iqbal Sumalani for Respondent No.2
|
| Petitioners |
ABDUL RAZAQ and others
|
| Respondents |
HOOR JAN and others
|
| Citations |
2023 SLD 1979
|
| Other Citations |
Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731,
Dr. Safdar Hussain and another v. Flt. Lt. Nadia Latif and others 2014 YLR 1553,
Mrs. Hina Mumtaz Soomro and others v. Abdul Sami Soomro and others PLD 2018 Sindh 671
|
| Laws Involved |
Succession Act, 1925
|
| Sections |
372
|