Saturday, 4 August 2012

Who can be petitioner in a succession case?

Status of petitioner in a case for succession certificate..

  Side Appellant : HAMIDA BEGUM
  Side Opponent : NAZIR BANO

----O.XLI, R.23---succession Act (XXXIX of 1925), S.370---Status of petitioner as determined in successioncertificate ---Value of---Petitioner having been granted succession certificate as widow of deceased, same was declared to be of no legal effect by the Court on a suit filed by respondent heirs---Petitioner filed appeal wherein on both parties'statements case was remanded for decision afresh---Suit was again decreed against petitioner so also appeal---Petitioner's contention in revision was that at the time of remand of suit, question as regards, status of petitioner stood finally decided, therefore it was not open to Trial Court in post-remand proceedings to have given a finding that she was not a widow of deceased---Perusal of statements, made by parties on basis of which remand order was passed showed that question as to who were heirs of deceased was specifically left open and remanded to Trial Court---Petitioner thus could not contend that her status as heir of deceased was no longer in issue and could not have been decided by Trial Court.

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