41/2019 M.A. Roshan Ara and others Thr. Yasir Ali Palijo (Appellant) V/S Abdul Karim and others (Respondent)

41/2019 M.A. Roshan Ara and others Thr. Yasir Ali Palijo (Appellant) V/S Abdul Karim and others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 03-MAR-20

Succession Act (XXXIX of 1925) --- ----Ss. 372, 373 & 295---Qanun-e-Shahadat (10 of 1984), Arts. 85 & 128---Specific Relief Act (I of 1877), S. 42---Succession certificate, issuance of---Public document---Presumption of truth---Legitimacy of a child---Proof---DNA test, conducting of---Respondents being sisters of deceased filed application for conducting DNA test of minor son of deceased with the contention that he was adopted son and was not entitled for inheritance---Petition for conducting DNA test and objections were dismissed and succession certificate was issued in favour of petitioners---Validity---Documents produced on behalf of petitioners were official which had not been disputed by the respondents---Respondents should have sought declaration and cancellation of said documents before raising objections to the legal status of minor after death of his mother---Legitimacy of a child or his status as son of deceased could not be disproved by any oral evidence as against documentary evidence from official record which was a public document---Civil Court in presence of documentary evidence could not hold that the child was not born from the marriage of the parties---Father, in the present case, had not challenged that deceased was not mother of the minor son---Respondents had failed to challenge or rebut the evidence of official record of National Database and Registration Authority and other evidence before the Trial Court---DNA test could not be a sole proof of paternity of a child---Trial Court had rightly refused request of respondents for conducting DNA test, in circumstances---Respondents had made a frivolous challenge to the paternity of a child to deprive him from inheritances---Appeal was dismissed in, circumstances. 2012 YLR 1752 distinguished. Mst. Laila Qayyum v. Fawad Qayum and others PLD 2019 SC 449; Salman Akram Raja v. Government of Punjab 2013 SCMR 203 and Ghazala Tehsin Zohra v. Ghulam Dastagir Khan PLD 2015 SC 327 rel.