P L D 2024 SINDH 89
Succession application --- Estate of deceased ( Tarka ) --- What constitutes estate of a deceased --- Principles ; ( i ) The estate of a deceased person comprises of his moveable and / or immoveable assets , right or benefit which he owned and over which he had complete control and dominion or entitlement to claim the same so as to enter into a transaction of sale , exchange , transfer or gift in respect of them ; ( ii ) The legal heirs of a deceased can inherit only from the estate of the deceased ; any property , right or benefit that does not form part of the estate is not inheritable ; ( iii ) The yardstick for establishing what constitutes a deceased's estate is that only such property , right or benefit of a deceased person is inheritable and shall form part of his estate that was in his ownership at the time of death or he had acquired an absolute right in law to claim during his lifetime ; conversely , any property , right or benefit which a deceased could not claim in his lifetime shall not form part of a deceased's estate --- In the present case , a Succession Certificate was not required and , thus , the Succession Miscellaneous Application filed by the deceased father was not maintainable in respect of the proceeds of Group Insurance , as the same did not constitute the estate of a deceased under the law --- Division Bench of the High Court set aside the impugned order passed by the Single Judge of the High Court ( Testamentary and Intestate Jurisdiction ) being not sustainable.
Nusrat Fareed vs Ahmed Mujahid
P L D 2024 SINDH 89
Succession Act-- Ss . 295 & 372 ---
Group Insurance Proceeds , distribution of-- suit for administration --- -Succession application or Maintainability --- Deceased was survived by two legal heirs i.e. widow and father --- Trial Court , while deciding succession application filed by father , directed distribution of Group Insurance Proceeds between them as per shares prescribed in Sharia -- Plea of the appellant ( widow ) , claiming herself to be the sole nominee / beneficiary , was that Trial Court ought to have converted the Succession Application into suit for administration --- Held , that the plea of the appellant was flawed as without going into the question of what constituted or qualified as a contentious matter , the object and scope of a suit for administration was to administer the estate of a deceased --- Since the Group Insurance Proceeds did not form part of the estate of a deceased , hence for the said reasons a suit for administration also would not lie in respect of it --- In the present case , a Succession Certificate was not required and , thus , the Succession Miscellaneous Application filed by the deceased ' father was not maintainable in respect of the proceeds of Group Insurance , as the same did not constitute the estate of a deceased under the law --- Division Bench of the High Court set aside the impugned order passed by the Single Judge of the High Court ( Testamentary and Intestate Jurisdiction ) being not sustainable
Nusrat Fareed vs Ahmed Mujahid
P L D 2024 SINDH 89
Group Insurance Proceeds , distribution of ---
Succession application --- Maintainability --- Absence of nomination --- Estate --- Scope --- Deceased was survived by two legal heirs i.e. widow and father --- Trial Court , while deciding succession application filed by father , directed distribution of Group . Insurance Proceeds between them as per shares prescribed in Sharia --- Appellant ( widow ) nominee / beneficiary entitled to the entire Group Insurance Proceeds --- Held , that since the Group Insurance Proceeds of be the sole deceased did not fall within the definition of estate , the same was not available for its distribution among the legal heirs and claimed to could not devolve on his legal heirs --- To grant a succession certificate would mean to hold that Group Insurance Proceeds formed part of the deceased's estate which would in turn mean that Group Insurance Proceeds were liable to be distributed amongst the legal heirs which would be incorrect --- Thus , in the present case , a succession certificate was not required and , thus , the Succession Miscellaneous Application filed by the deceased ' father was not maintainable in respect of the proceeds of Group Insurance , as the same did not constitute the estate of a deceased under the law --- Division Bench of the High Court set aside the impugned order passed by the Single Judge of the High Court ( Testamentary and Intestate Jurisdiction ) being not sustainable
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