| Case ID |
41b6da72-937b-4e66-b890-caeca5934101 |
| Body |
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| Case Number |
Civil Revision No. 123 of 2005 |
| Decision Date |
Mar 22, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the decision of the Lower Appellate Court, which ruled that the nomination made by the deceased, Haji Muhammad Yousaf Bhatti, in favor of specific nominees for Defence Saving Certificates was intended only for the purpose of receiving the amount, not for exclusion from the legal shares of all legal heirs. The court clarified that while the nominees could collect the funds, the distribution must be in accordance with Islamic Law of Inheritance, ensuring that all legal heirs receive their rightful shares. This ruling aligns with established legal principles that nominations do not confer ownership but merely authorize collection on behalf of all heirs. |
| Summary |
In the case of Civil Revision No. 123 of 2005, the Lahore High Court addressed the complexities surrounding the issuance of succession certificates under the Provident Funds Act and the Succession Act. The case centered on the nomination of individuals for Defence Saving Certificates by the deceased, Haji Muhammad Yousaf Bhatti. The petitioners, who were the deceased's sons and widow, contested the legal entitlement of the respondents, his daughters, claiming that the nominations effectively excluded them from inheriting according to Islamic law. However, the court found that nominations serve only to authorize collection and do not alter the distribution rights among legal heirs. This case highlights the importance of understanding the legal implications of nominations in financial instruments and the adherence to inheritance laws. Key trends in succession law, Islamic inheritance principles, and the role of nominations in property distribution are crucial in this context, providing a framework for future cases. The ruling reaffirms that all legal heirs must be acknowledged in the distribution of assets, irrespective of any nominations made, thereby promoting fair and equitable treatment of all heirs. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIR SAEED SHEIKH, J
|
| Lawyers |
Malik Muhammad Kabir,
Muhammad Aslam Sheikh
|
| Petitioners |
MUHAMMAD AKRAM BHATTI,
Petitioner No. 4
|
| Respondents |
Respondent No. 3,
Respondent No. 1,
Respondent No. 2,
Mst. GHULAM SUGHRA
|
| Citations |
2011 SLD 460,
2011 PLD 355
|
| Other Citations |
Mst. Amtul Habib and others v. Mst. Musarrat Parveen and others PLD 1974 SC 185,
Malik Safdar Ali Khan and another v. Public-at-Large and others 2004 SCMR 1219,
Mukhtar Sultana v. Tasadq (Tasadaq Hussain) PLD 1979 Lah. 34,
Imtiaz Shamim and others v. Muhammad Irfan-ul-Haq and others 2006 CLC 1189,
PLD 1991 SC 750
|
| Laws Involved |
Provident Funds Act, 1925,
Succession Act (XXXIX of 1925)
|
| Sections |
5,
278,
372
|