Inheritance succession certificate in Pakistan & suit for declaration:
Inheritance in case of Succession certificate in Pakistan & suit for declaration in Pakistan. Trial Court decreed the suit holding that plaintiffs being children of predeceased sons/daughters of original owner of suit-land were entitled to inherit their shares along with other children of deceased owner. Appellatè Court set aside judgment and decree of the Trial Court and dismissed the suit on the ground that S. 4 of Muslim Family Laws' Ordinance 1961 had been declared against Injunctions of Islam by the Federal Shariat Court. Validity of succession certificate in Pakistan & suit for declaration in Pakistan relevant mutation of the property in dispute was sanctioned long before the judgment of Federal Shariat, Court, wherein 4 of Muslim Family Laws Ordinance, 1961 S. was declared against the Injunctions of Islam. Said case of the Federal Shariat Court had no effect on the present case in circumstances. Appellate Court having committed material irregularity by misinterpreting S. 4 of Muslim Family Laws Ordinance, 1961, judgment and decree passed by it, were set aside and that of Trial Court decreeing suit filed by plaintiff, was restored. Legal position is quite clear that the moment (grandfather) of predeceased son expired, due share of inheritance of predeceased son would vest in him and he would become owner of the same. Such inheritance of predeceased son would not be dependent upon entry in the mutation which was meant only to incorporate a factum.
If inheritance mutation contrary to S. 4 and share of predeceased Son 1s recorded, it would not operate as estoppel qua him to claim his inheritance share. Courts below would be wrong in rejecting claim of predeceased son and upholding inheritance mutation in favor of widow to the exclusion of share of predeceased son.
High Court setting aside such concurrent judgments of Courts below in exercise of its revision jurisdiction and decreeing inheritance:
In case of succession certificate in Pakistan & suit for declaration in Pakistan the son in inheritance of his predeceased father benefit that would have been if parent was alive. Starting point is that nationality Off-Spring of proposed deemed to be alive for purpose of succession at time of death of propositus .Succession of grandchild to be calculated notionally as if parent of grand-child died alter death or Original propositus.
Marina Jan v. Mst. Akbar Jan, PLD 1975 Pesh. 252 dissented from|.
In succession certificate in Pakistan & suit for declaration in Pakistan the object of S. 4. Is that the grand-child of predeceased parent not entitled to greater predeceased parent and meant to remedy, discrimination existing against grandchild whose; parent died before succession opened. Grandchild not entitled to more than what would have been his share IT parent was alive when succession opened. Section provided for in S. 4 for benefit of orphaned sons and daughters of S. 4 is very much on the statute book according to law declared by Supreme Court. Daughters of predeceased son of propositus would be entitled to their inheritance in share of predeceased son5 Provision in S. 4 of inheritance by off-spring of predeceased son/daughter living at time of opening of succession in case of succession certificate in Pakistan & suit for declaration. Repugnant to Injunctions of Islam. In order to be entitled to inherit his persons or near ones a person according to Islamic Injunctions must De alive. Shariat Bench, now ever, suggesting measure for relief of distress of son / daughter of a predeceased son. Contrary to Injunctions of Islam.