Obtain Succession Certificate from Court by Lawyers:
If you wish to obtain succession certificate from courts by lawyers in Pakistan, you may contact Jamila Law Associates. Distribution of land left by the last male owner would be divided by the provisions of Islamic Law of inheritance supplemented by S. 4 of Ordinance 1961 to obtain succession certificate from courts by lawyers in Pakistan.
Widow:
Widow of a predeceased son or husband of a predeceased daughter is not heirs under Islamic Law. Stepbrother of deceased in both sects in the presence of the real son of deceased would not be entitled to any share in property ofdeceased.61.Step-daughter. A step-daughter cannot inherit her step-mother, either as a sharer or residuary or distant kindred, because she has no link with her step-mother through any male or female person. As maintained in the revenue record, the pedigree table shows M’s name in a marked box while A’s name is not shown, although both predeceased propositus to obtain succession certificate from courts by lawyers in Pakistan.
Facts:
The fact would indicate that M was being treated as without male issue and there being no heir to inherit him under custom, the name of his widow was mentioned in the exclusion of his daughter. The widowed is not more than a limited heir, after whose death the entire estate will devolve on the legal heirs of the deceased last male owner by Muslim personal law, i.e., four sons 4/5, two daughters 1/5.62.Succession opened on 28.01.1972. Where succession opened on28.01.1972 on the death of the father of the predeceased son and in terms of S 4 Muslim Family Laws Ordinance, 1961 the children of the said predeceased son were entitled to receive the share of their father in the estate of father of a predeceased son.
Lawyers in Pakistan:
For the succession certificate from courts by lawyers in Pakistan, Share of predeceased in his father’s estate will devolve only on his children and not the widow in terms of S. 4. Suckling children’s daughter. Succession would depend on the fiction that if “Y” were alive at the time of death of “X” (his mother), “Y” would inherit 2share of his mother in such event along with his brother (defendant). Still, he could pass on such a share of his estate to his daughters as was permissible under Islamic Law in inheritance.
Defendants:
Defendants being surviving children Could not get more than 2/3rd of the estate of Y as he had no son but only daughter and remaining 1/3rd must event to the collateral (plaintiff) for succession certificate from courts by lawyers in Pakistan. Defendants could inherit only to the extent of Islamic share in their father’s estate “Y” notionally assessing that he was alive, the time of death of his mother (propositus) and death of “Y” occurred only after the death of his mother.
Appellate Court:
The findings of the Appellate Court were neither illegal nor suffered from any irregularity or jurisdictional defect. The case the Appellate Court rightly remanded the case of succession certificate from courts by lawyers in Pakistan. Suit for declaration/injunction based on inheritance right of grandchildren to inherit through predeceased father. Plaintiffs. Filed suit claiming that they, being grandchildren of the deceased, we’re entitled to their respective shares in his legacy.
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