| Case ID |
3ade453e-cd46-4021-afda-001add71ece9 |
| Body |
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| Case Number |
Succession Miscellaneous Application No. 48 of 201 |
| Decision Date |
Oct 04, 2010 |
| Hearing Date |
Oct 04, 2010 |
| Decision |
The Sindh High Court reviewed the petition for the issuance of Letters of Administration which was rejected by the Vth Additional District Judge, Karachi (East) on the grounds of lack of jurisdiction. The deceased had died in Sargodha, while the immovable property was located in Bahria Town, Rawalpindi/Islamabad. The court found that the applicant's argument that the deceased was an ordinary resident at a given address in Karachi was valid, as per Section 371 of the Succession Act, 1925. Therefore, the High Court set aside the impugned order and remanded the case back to the trial court for a decision on merits, allowing the application. |
| Summary |
This case revolves around the interpretation of the Succession Act, 1925, particularly Section 371, which addresses the jurisdiction for granting Letters of Administration. The applicant, Mehmood Hussain, sought to challenge the rejection of his petition based on jurisdictional grounds. The case highlights the importance of understanding where a deceased person is considered to have been ordinarily resident and how that affects the jurisdiction of courts in succession matters. The court found merit in the applicant's contention that the property and death location did not negate the validity of the application filed in Karachi, thereby reinforcing the provisions of the Succession Act. This judgment can serve as a reference for similar cases dealing with jurisdictional issues in succession law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAKIR HUSSAIN, JUSTICE
|
| Lawyers |
TARIQ SHAFI
|
| Petitioners |
Mehmood Hussain
|
| Respondents |
Not available
|
| Citations |
2013 SLD 1247 = 2013 MLD 129
|
| Other Citations |
Not available
|
| Laws Involved |
Succession Act, 1925
|
| Sections |
371
|