Know The Explanation Of Succession Certificate In Pakistan Through Actual Law Firm
Explanation of suit for
declaration and succession certificate in Pakistan.
In suit for declaration &
succession certificate in Pakistan explanation to Art. 203-B. Relates to
special laws and statues denominated as "Muslim and applying to Muslims
alone and not to Divine and religious law of Muslims. Section 4 held contrary
to Injunctions of Islam not correct. Death of any son or daughter of propositus
before opening of succession. Children of such son or daughter, if any, living
at the time the succession opened, shall per stripes receive a share equivalent
to share which such son or daughters as the case may be would have received if
alive.
In the suit for declaration &
succession certificate in Pakistan entitlement to inheritance under S. 4 of
predeceased son the object and rationale behind S. 4 is to ameliorate the
distress of those unfortunate children whose father and mother were snatched
away by death in the life-time of their grandfather. Such orphan grandchildren
are sought to be compensated in such a way by giving the share in inheritance
to which their father or mother would have been entitled. The express and
unambiguous phraseology and language of S. 4 leaves no obscurity or doubt that
"children of such are only entitled to inherit and receive share.
The
expression "of such son" used in S. 4 does not possibly include within
its ambit the widow "of such son. Inheritance mutation sanctioned in favor
of widow to the exclusion of predeceased son would be illegal being violation
of express mandate of S. 4. Succession. Daughter of pre-deceased son of
propositus. Question was whether being the sole daughter of predeceased son of
propositus she was entitled to inherit full property of her father. Grandchild
was not entitled to more than what could be inherited by him/her from the
parents according to Islamic Law. Findings of Courts below that plaintiff was
entitled to inherit full property of her father were not in consonance of law
by the Supreme Court. Plaintiff was entitled to only half of share under
Islamic Law of Inheritance. Impugned decree was modified accordingly in suit for
declaration & succession certificate in Pakistan.
In suit for declaration & succession certificate in Pakistan share of predeceased son as referred to in S.
4 antithesis of per capita. This means a share according to stock or root or
family as against per capita which means share per head. This assumes greater
importance only where propositus leaves behind a number of grand-children whose
parents died during life-time of propositus. Principle of succession in such
cases would not be inheritance per capita but per stripes i.e. in accordance
with root or stock to which grand-child belongs and would only get share to
which grand-child is entitled through his parent. In event of there being a
single surviving grand-child principle of per stripes is pushed to background
but cannot be employed to support a principle which militates against law of
Inheritance. It was held that finding of High Court applying per stripes rule
of succession and upholding inheritance claim of collaterals of predeceased son
of propositus was based on correct interpretation of S. 4 and did not merit
interference by Supreme Court.
Succession to share of predeceased son.
Grandchild is not entitled to more share than what could be inheritance from
parents according to Islamic Law. Estate would be divided in proportion of
respective of grand-children's parents. Heirs claiming through different lines
of descent would get their own shares as per stripes and not as per capita. In
suit for declaration & succession certificate in Pakistan provided for in
S. 4 for benefit of orphaned sons and daughters of predeceased's 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 if parent was alive when succession opened.
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