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Get Legal Certificate for Suit of Declaration in Pakistan


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.

More about suit for declaration & succession certificate in Pakistan

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.



To Inherit Property of her Father:

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.

What need to do is the case?

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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