Saturday, 4 August 2012

Divorced widow granted Succession Cetificate


Is a divorced widow entitled for succession certificate? When a divorced window becomes ineligible for succession certificate? can a divorce widow get her ex husband's property? All questions are answered in this judgment.





1983  CLC  49     SUPREME-COURT-AZAD-KASHMIR
  Side Appellant : ALIF DIN
  Side Opponent : ARSHAD BEGUM




-- S. 3 read with succession Act (VIIXIX of 1.925), Ss. 372 & 373 --Successsion certificate -District Judge issuingsuccession certificate to widow of deceased=Deceased's other relatives alleging, widow divorced six Months, prior to death-Appellant, brother of deceased, found to have no knowledge of alleged divorce-Witnesses contradicting each other such fact-Presence of widow admitted in house of deceased at time of his death-Held, appraisal of evidence on record shows that tyrants (reversioners) want to deprive poor lady (widow) of inheritance of her husband and in doing so, case fabricated. Muhammad Riaz Inqalabi for Appellant.

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