25/2014 M.A. Mst. Neelam Ashfaq (Appellant) V/S Ghulam Hussain (Respondent)

25/2014 M.A. Mst. Neelam Ashfaq (Appellant) V/S Ghulam Hussain (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 23-NOV-18

Succession Act (XXXIX of 1925)--- ----Ss. 278 & 372---Succession proceedings before District Judge---Objection by objector---Undetermined claim---Amount claimed by objector released to him by the court---Legality---Objector in question was neither a legal heir nor he had any decree of court in his favour---Objector had an undetermined claim which was not supposed to be entertained by the High Court---Order in respect of moveable and immoveable properties of a deceased was transfer of both the debts and security from a dead person to his legal heirs---If anything was liable to be recovered from the deceased, the same may be recovered from the legal heirs provided such claim was determined by a court of law against the legal heirs---Court seized of a succession petition was not supposed to attach a huge amount of succession in favour of an objector who had not even filed any suit for recovery of said amount---Impugned order had been passed by the court below beyond its jurisdiction, therefore, the same to the extent of attachment/release of Rs.30,00,000 was void---High Court directed the Nazir of the Court to hand over the said amount to the legal heirs as per their share already determined in the succession proceedings---Appeal was disposed of accordingly.