Legal Procedure To Get The Succession Certificate in Pakistan (2020)

Section 4 in Succession certificate in Pakistan & suit for declaration

Applicability of section 4 of Muslim Family Laws Ordinance, 1961.Scope. Succession certificate in Pakistan & suit for declaration, S. 4 is repugnant to Injunctions of Islam." 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 in the succession certificate in Pakistan & suit for declaration. The express and unambiguous phraseology and, language ot 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 favour of widow to the exclusion of predeceased son would be ilegal being violative of express mandate of S. 4. 

Entitlement of grandson to inherit share which his father would have inherited if alive from property left by deceased grand-father of plaintiff. Provisions of S. 4 of Muslim Family Laws Ordinance. 1961 entitles grandson for receiving share which his father would have inherited; had he been alive. Shariat Court had although declared S. 4 of Muslim Family Laws Ordinance, 1961 to be repugnant to Islamic Shariat yet such verdict having been challenged before Supreme Court, operation of that verdict stands suspended automatically till disposal of appeal. Grandson, thus, would inherit share of his pre-deceased father from his grand-father. Daughters who have inherited from their deceased father would also get inheritance from their grandmother who had in turn inherited from her predeceased son. Such a case would be completely covered by S. 4.7 in succession certificate in Pakistan & suit for declaration

Succession Certificate:

In succession certificate in Pakistan  & suit for declaration cause of action would arise only when succession opens, which would open only in the event of death of propositus Question of plaintiff being in possession or not was it material, for with opening of secession, legal heir automatically becomes owner and thus, a co-sharer. No question of limitation would thus, in absence of any ouster. Moreover death of propositus would be presumed immediately before at attestation of mutation. In succession certificate in Pakistan & suit for declaration burden to prove otherwise would be heavily on defendants alleging bar of limitation, which they had failed to discharge. Courts below were perfectly correct in appreciating legal as well as factual position. Concurrent findings of Courts below would not justify interference 1n exercise of revision jurisdiction by the High Court. Concurrent finding of Courts below to the effect that plaintiff being son of predeceased daughter was entitled to inherit property of his maternal grand-father, was maintained in circumstances. Interpretation of law. Retrospective effect. Held: S. 4 has no retrospective effect and is applicable at the time the succession of the propositus opens.

A Muslim opens at the moment he died and same is neither dependent nor suspended till happening or -happening of certain event. Original owner admittedly died in 1951 notwithstanding the fact that property in dispute was mutated in 1974. Provision of S: 4 of the Ordinance, 1961 was not in vogue in 1951, so it could not be relied upon by petitioners. Revision dismissed. Per stripes referred in S. 4 is antithesis of per capita. Means share according to stock or root or family as. against per capita which means share per head. Propositus leaving behind number of grand-children whose parents died during lifetime of propositus. Principles of succession, held, not De inneritance per capita but per stripes been in accordance with root or stock to which grandchildren belong and will only share to which grand-child entitled through parent. In case of single Surviving grandchild principle of per stripes is pushed to background but cannot be employed to support principle which militates against Islamic Law of Inheritance in succession certificate in Pakistan & suit for declaration