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85/2019 II.A. Mst. Naz Bibi (since died) through her LRs (Appellant) V/S Wahid Bux (since died) through his LRs and others (Respondent)

Sindh High CourtSuccession & Inheritance2021

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author)

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85/2019 II.A. Mst. Naz Bibi (since died) through her LRs (Appellant) V/S Wahid Bux (since died) through his LRs and others (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author) Order Date: 02-AUG-21

The impugned judgment and decree of the learned appellate Court are maintained to the extent of entitlement of respondent No.1 in respect of the amount of the National Savings Certificates left by the deceased along with profit thereon, however, according to his share as per Shariah ; and, the impugned judgment and decree are set aside to the extent of grant of 50% share to respondent No.1 in the severance grant, gratuity and benevolent fund of the deceased, which shall be paid expeditiously to the legal heirs of the appellant / widow as per the service rules and regulations of the respondent No.2-bank. Needless to say the above payments shall be in addition to the donation by the respondent No.2-bank and the death compensation of the deceased granted to the appellant / widow by the learned appellate Court which, having not been challenged by respondent No.1, has attained finality. This appeal is partly allowed in the above terms with no order as to costs.

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