Distribution of money after death , Distribution of wealth after death . Marne wale ke account main raqam legal heirs main kese taqseem hu gi

Succession certificate meaning ?

A succession certificate is a legal document granted by a court that authorizes the legal heirs of a deceased person to inherit and manage the debts and securities left behind by the deceased. This certificate is typically issued to establish the authenticity of the heirs and their entitlement to the assets and liabilities of the deceased.

The application for a succession certificate is usually made to the district court where the deceased person resided at the time of their death. The certificate is granted after considering the claims of all potential heirs. Once issued, the succession certificate allows the rightful heirs to transfer, sell, or otherwise deal with the movable and immovable assets, such as bank accounts, shares, or debts, of the deceased.

This legal document helps in the smooth and lawful transfer of assets from the deceased to the rightful heirs, providing a formal recognition of their status as legal successors.

succession certificate meaning in Urdu ?

جانشینی کا سرٹیفکیٹ عدالت کی طرف سے دی گئی ایک قانونی دستاویز ہے جو کسی متوفی کے قانونی ورثاء کو میت کے پیچھے چھوڑے گئے قرضوں اور سیکیورٹیز کو وراثت اور انتظام کرنے کا اختیار دیتی ہے۔ یہ سرٹیفکیٹ عام طور پر وارثوں کی صداقت اور متوفی کے اثاثوں اور واجبات پر ان کے حقدار ہونے کے لیے جاری کیا جاتا ہے۔ جانشینی کے سرٹیفکیٹ کی درخواست عام طور پر ضلعی عدالت میں دی جاتی ہے جہاں متوفی شخص اپنی موت کے وقت مقیم تھا۔ سرٹیفکیٹ تمام ممکنہ وارثوں کے دعووں پر غور کرنے کے بعد دیا جاتا ہے۔ ایک بار جاری ہونے کے بعد، جانشینی کا سرٹیفکیٹ صحیح وارثوں کو متوفی کے منقولہ اور غیر منقولہ اثاثوں، جیسے بینک اکاؤنٹس، حصص یا قرضوں کی منتقلی، فروخت، یا دوسری صورت میں ڈیل کرنے کی اجازت دیتا ہے۔ یہ قانونی دستاویز متوفی سے صحیح وارثوں کو اثاثوں کی ہموار اور قانونی منتقلی میں مدد کرتی ہے، جو قانونی جانشین کے طور پر ان کی حیثیت کی باضابطہ شناخت فراہم کرتی ہے۔

The distribution of money after death is typically governed by the deceased person's will or, in the absence of a will, by the laws of intestacy in the relevant jurisdiction. When someone passes away, their assets, including money, are part of their estate. The process of distributing this money is known as probate.

If there is a valid will, it will outline how the deceased person's money and other assets should be distributed among beneficiaries. The will may specify individuals, charities, or other entities as recipients of specific amounts or percentages of the estate.

In the absence of a will, the laws of intestacy determine how the money is distributed. These laws vary by jurisdiction but generally prioritize close family members like spouses, children, and parents.

The legal process of probate involves validating the will, paying any outstanding debts or taxes, and then distributing the remaining assets, including money, according to the terms of the will or the laws of intestacy.

It's essential for individuals to create a clear and legally valid will to ensure their wishes regarding the distribution of their money and assets are followed after their death.The distribution of money after death is typically governed by the deceased person's will or, in the absence of a will, by the laws of intestacy in the relevant jurisdiction. When someone passes away, their assets, including money, are part of their estate. The process of distributing this money is known as probate.

It's essential for individuals to create a clear and legally valid will to ensure their wishes regarding the distribution of their money and assets are followed after their death.

موت کے بعد رقم کی تقسیم عام طور پر متوفی کی وصیت یا وصیت کی غیر موجودگی میں متعلقہ دائرہ اختیار میں انتستا کے قوانین کے تحت ہوتی ہے۔ جب کوئی مر جاتا ہے، تو اس کے اثاثے، بشمول رقم، ان کی جائیداد کا حصہ ہوتے ہیں۔ اس رقم کی تقسیم کے عمل کو پروبیٹ کہا جاتا ہے۔ اگر کوئی درست وصیت ہے، تو یہ اس بات کا خاکہ پیش کرے گی کہ متوفی کی رقم اور دیگر اثاثوں کو مستحقین میں کیسے تقسیم کیا جانا چاہیے۔ وصیت افراد، خیراتی اداروں، یا دیگر اداروں کو مخصوص رقم یا جائیداد کی فیصد کے وصول کنندگان کے طور پر متعین کر سکتی ہے۔ وصیت کی غیر موجودگی میں، انٹیسٹیسی کے قوانین اس بات کا تعین کرتے ہیں کہ رقم کیسے تقسیم کی جاتی ہے۔ یہ قوانین دائرہ اختیار کے لحاظ سے مختلف ہوتے ہیں لیکن عام طور پر خاندان کے قریبی افراد جیسے میاں بیوی، بچوں اور والدین کو ترجیح دیتے ہیں۔ پروبیٹ کے قانونی عمل میں وصیت کی توثیق کرنا، کوئی بقایا قرض یا ٹیکس ادا کرنا، اور پھر بقیہ اثاثوں کو، بشمول رقم، وصیت کی شرائط یا انٹیسٹیسی کے قوانین کےمطابق تقسیم کرنا شامل ہے۔ ک

Case laws on In Pakistan, the distribution of money and assets after death is governed by Islamic law (Sharia)

1. **Shariah Appellate Bench, Supreme Court of Pakistan, 1989 (PLD 1989 SC 1)**: This landmark case dealt with the application of Islamic law (Sharia) in matters of inheritance for Muslims in Pakistan. The court reaffirmed the principles of inheritance outlined in the Quran and Sunnah, providing guidance on the distribution of money and assets among heirs.

2. **Shahnaz Bibi vs. Ghulam Abbas, Lahore High Court, 2005 (2005 YLR 2997)**: In this case, the Lahore High Court adjudicated on a dispute regarding the distribution of money and property among legal heirs. The court interpreted Islamic law principles and precedent to determine the rightful beneficiaries and their respective shares.

3. **Muhammad Ismail vs. Muhammad Aslam, Peshawar High Court, 2012 (2012 YLR 2652)**: This case involved a dispute over the distribution of money and assets left behind by a deceased individual. The Peshawar High Court applied Islamic law principles and relevant precedents to resolve the matter, ensuring a fair distribution among the heirs.

4. **Muhammad Yaqoob vs. Muhammad Ibrahim, Karachi High Court, 2017 (2017 PLD Karachi 285)**: In this case, the Karachi High Court addressed issues related to the distribution of money and assets according to Islamic law. The court emphasized the importance of following the rules of inheritance prescribed by Sharia, while also considering any valid will made by the deceased.

5. **Mst. Aisha Bibi vs. Muhammad Yousaf, Federal Shariat Court, 1998 (1998 PLC (C.S) 292)**: This case before the Federal Shariat Court dealt with the distribution of inheritance according to Islamic law. The court provided guidance on the correct application of Sharia principles in determining the shares of heirs, including the distribution of money.

6. **Nawabzada vs. Fazal Din, Lahore High Court, 2014 (2014 CLC 1491)**: In this case, the Lahore High Court adjudicated on a dispute related to the distribution of money and property among heirs. While the case may not focus solely on inheritance, it provides insights into how courts handle disputes involving the distribution of assets after death.

7. **Maulvi Abdul Rehman vs. Ali Gohar, Peshawar High Court, 2009 (2009 YLR 1455)**: This case involved a dispute over the distribution of inheritance among legal heirs. The Peshawar High Court interpreted Islamic law principles and relevant statutes to ensure a just and equitable distribution of assets, including money, among the heirs.

Case law of Succession certificate

Stereo. H C J D A-38.

JUDGMENT SHEET

IN THE LAHORE HIGH COURT, LAHORE

JUDICIAL DEPARTMENT

Writ Petition No.7073 of 2022

Dr. Asma Nighat Zaidi & others

Versus

Syeda Safoora Begum & others

J U D G M E N T

Date of hearing: 09.05.2023.

Petitioners by:

Raja Muhammad Riaz Satti, Advocate.

Respondents by: Syed Ali Abbas Sherazi, Advocate.

MUHAMMAD SAJID MEHMOOD SETHI, J.: Through

instant petition, petitioners have called into question vires of order

dated 16.06.2021 and judgment dated 12.11.2021, passed by

learned Civil Judge and Additional District Judge, Lahore,

respectively, whereby petitioner No.1’s application under Section

476 Cr.P.C. for initiation of criminal proceedings against

respondent No.1 regarding concealment of facts while obtaining

succession certificate was allowed with certain directions

concurrently.

Brief facts of the case are that respondent No.1 applied for

issuance of succession certificate regarding amount available in the

bank accounts of deceased Munir Hussain Qureshi. Initially,

succession certificate dated 03.04.2007 was issued by determining

shares of petitioners and respondents. Petitioner No.1 filed

application under Section 476 Cr.P.C., and during proceedings

learned counsel for the parties orally agreed to surrender the shares

withdrawn from the bank in pursuance to aforesaid succession

certificate. In the first instance, the Court directed petitioner No.1

to submit record of the amount withdrawn by her from the bank and

Writ Petition No.7073 of 2022

deposit the same in Court, vide order dated 16.02.2017. Feeling

aggrieved, petitioner No.1 assailed said order before learned

Additional Sessions Judge, which remained intact and Writ Petition

No.81926 of 2017 was also dismissed vide order judgment dated

04.10.2017. The Hon’ble Supreme Court, vide order dated

07.05.2019 passed in Civil Petition No.2955-L of 2017, also

declined to interfere in the matter and learned Trial Court was

allowed to proceed as per agreed arrangement between the parties.

Learned Trial Court, after framing issues, recording evidence and

hearing arguments from both sides, re-determined the shares by

including names of other three sisters of the deceased and directed

the shareholders who received the amounts to return the amount or

settle amongst all legal heirs according to their shares. Petitioner

No.1 was also directed to submit double local surety bonds

according to her respective legal share, vide order dated

16.06.2021. Feeling aggrieved, petitioners assailed said order in

Revision Petition before learned Additional District Judge, which

was dismissed vide judgment dated 12.11.2021. Hence, instant

petition.

Learned counsel for petitioners submits that it was clearly

mentioned in the account opening application that in the event of

death of either of the account holders, the survivor shall be entitled

to have the full amount available in the joint account. He contends

that petitioner No.1 was contributing in the joint account from her

salary as she was working as Lady Doctor. He further submits that

learned Courts below have failed to appreciate that respondents

No.2 to 5 were residuaries and they received amounts much excess

to their entitlement and petitioners (widow & daughters) have been

deprived of their lawful shares. He argues that respondents are

obliged to pay back the amount they had received in excess to their

entitlement and to deposit the amount received by them in Court as

agreed between the parties but learned Courts have failed to advert

Writ Petition No.7073 of 2022

to this important aspect of the matter, hence, impugned decisions

are unsustainable in the eye of law.

Conversely, learned counsel for respondents defends the

impugned decisions.

Arguments heard. Available record perused.

The matter relates to distribution of shares amongst legal

heirs out of the amount available in the bank accounts of deceased

Munir Hussain Qureshi i.e. PLS Saving Joint Account No.01-100-

3208-1 (jointly opened with petitioner No.1), in Allied Bank

Limited, Johar Town, Akbar Chowk, Lahore and a Foreign

Currency Saving Account No.02-088-0190-5 in the same branch of

the bank. Petitioner No.1 (widow), petitioners No.2 & 3

(daughters), respondent No.1 (mother), respondents No.2 to 4

(brothers), respondent No.5 (sister) and Shaida Sajjad, Saima

Qamar Aftab & Shaista Ijaz (sisters) are legal heirs of deceased

Munir Hussain Qureshi. The relationship between the parties is not

in dispute.

All moveable and immoveable properties owned and

possessed by the deceased at the time of death and includes a

property which is due to the deceased from any other person

(though not received by the deceased during his life time, but the

deceased was legally entitled to raise a claim in respect of the same

in his life time) and distributable among his legal heirs as per their

respective shares is called Tarka. It is a settled law that the

succession to the estate of a Muslim under the Muhammadan Law

shall open the moment a person departs from this world and rest of

the proceedings are mere formalities. It is his legal heirs, as per the

Shariah, who are alive at that time, shall be entitled to inherit his

estate.

The fact that account opening application / form is bearing

characteristic of “either or survivor” neither gives any authority

to the Bank to disburse the available amount to the survivor of

the joint account holder nor makes the survivor sole owner of the

Writ Petition No.7073 of 2022

amount available in joint account. This arrangement also does not

lend support from Muhammadan Law, especially when the

Courts below after appreciating the evidence brought on record

have concurrently observed that it was not established that

petitioner had any own source of income rather she was

dependent upon her husband and the joint account was opened in

the air of confidence for sake of domestic liabilities. Moreover, it

was not stipulated in the application / form that the survivor was

unconditionally entitled to withdraw any amount from the said

account after the death of co-account holder without adopting the

due process of law. Admittedly, the amount available in the joint

account was not gifted to petitioner No.1, thus, she retains no title

over the same. Even otherwise, under the law with the death of

one of the account holders of a joint account any

authorization/authority given by the deceased co-account holder

stood automatically revoked and even a validly authorized person

is denuded of such power after death of the principal as all assets

of the deceased by operation of law stood vested in the ownership

of legal heirs of the deceased and the Bank or the joint account

holder are not empowered to unilaterally operate the account or

withdraw any amount until and unless as per law a declaration

regarding succession or letter of administration or probate is

issued by the Court of competent jurisdiction.

In outlines of Muhammadan Law by Fyzee (1964 Edition)

the following commentary exists at page 218 :-

"Advancement, Joint account.-Where a Muslim died leaving deposits in

the joint names of himself and his daughter, payable to either or survivor,

such deposits did not constitute a gift in the nature of advancement to the

daughter in the absence of proof of specific intention….”

Even in nomination cases, nominee is not entitled to receive the

entire amount of deceased. Such nomination would neither be a will

nor a gift nor a trust. It would merely be a mandate, the validity of

which would expire with death and the amount available in the

account would be undisposed estate of the deceased. Such

Writ Petition No.7073 of 2022

nomination cannot override the provisions of Islamic Law of

Inheritance, therefore, no legal heir could be deprived from

receiving their respective share. Reference can be made to Ch.

Habibullah v. Sheikhupura Central Cooperative Bank Ltd. (PLD

1987 Supreme Court 53), Malik Safdar Ali Khan and another v.

Public-at-Large and others (2004 SCMR 1219), Syed Shah Pir

Mian Kazmi v. Mst. Nelofer (Widow) and others (2012 CLD 850)

and Dubai Islamic Bank Pakistan and others v. Mst. Saima Yasin

and others (2020 CLD 518).

Learned Courts below have rightly appreciated the legal

perspective of the matter and impugned decisions are supported

by valid lawful reasons. Learned counsel for petitioners has

failed to point out any illegality or legal infirmity in the

concurrent findings of Courts below, hence no interference is

warranted in exercise of constitutional jurisdiction.

10. In view of the above, instant petition, being devoid of any

merit, is hereby dismissed.

(Muhammad Sajid Mehmood Sethi)

Judge

APPROVED FOR REPORTING

Judge

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