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ABDUL WAHAB versus ABDUL RASHEED

27 Section 278 - Constitution of Pakistan, Article 199 - Constitutional Petition tain Maintenance Administration Letters of Administration - Limitation on costs, improvements in property in question and the marriage of abducted children, under Section 278 of the Succession Information Achievement Act ? , 1925, the trial court issued suit in favor of the legal owner of the deceased owner of the suit - petitioners barred administration letters from pleading for restraint and interest on property improvements. Question mark to recover the costs of my predecessor Under the law / Shariah, no co-owner can be excluded or deprived of the property by other co-owners, according to the extent and point of view. res inheritors of the legacy of the legal legacy retain all the rights that the deceased has in it. If there is a defect in the title, the legal heirs will also receive the property with such defects deceased. If any variation is found in the name of the deceased's legal heirs then the defect will remain as it is. Until the division of property, every legal heir remains a co-participant in every inch of the property left behind - a petition to build a bravery, marry three sisters and retain respondents. Offered no proof despite large sums of money - letter of administration in court case, only assets / property I was required to determine the question, what is left behind dead and only legal heirs receive inheritance from a high Constitution constitutional jurisdiction

P L D 2017 Sindh 56 

Before Nadeem Akhtar and Aziz-ur-Rehman, JJ

ABDUL WAHAB through Legal Heirs—Petitioners

versus

ABDUL RASHEED and others—Respondents

Constitutional Petition No.D-4149 of 2014, decided on 23rd May, 2016. Succession Act (XXXIX of 1925)—

—S. 278—Constitution of Pakistan, Art. 199—Constitutional petition—Maintainability—Letters of administration—Limitation— Expenses, on improvements in property in question and upon marriages of children of deceased, recovery of—‘Letters of administration under S.278 of Succession Act, 1925, was issued by Trial Court in favour of legal heirs of deceased owner of suit property—Petitioners assailed the letters of administration on the plea of its being barred by limitation and for recovery of expenses made by their predecessor-in-interest on improvements in property in question and upon marriages of the children of deceased—Validity—Under law /Sharia no co-owner could expel or otherwise deprive to inherit properties to other co-owners much-less, on the point of limitation and/or the principle of res judicata—Legal heirs of deceased inherited property left behind with all those rights which deceased had in it—In case of any defect in title, legal heirs would also inherit the properties with such defect—If any mutation was made in the names of legal heirs of deceased, then too the defect, if any would remain intact as it was—Each and every legal heir till distribution of properties also remain co-owner in each and every inch of the properties left behind by a deceased—Petitioners did not bring on record any proof vis-a-vis spending of any huge amount on construction, marriages of three sisters and or on maintaining respondent—Court, in the matter pertaining to letter of administration, was only required to determine question about assets/properties, lef behind by deceased and inherited by legal heirs only—High Court in exercise of Constitutional jurisdiction declined to interfere in order passed by Trial Court Constitutional petition was dismissed in circumstances, [pp. 64, 66j A,B & C

Sindh Industrial Trading Estates Ltd. through Secretary v. Muhammad Ilyas and another 2005 SCMR 309; Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through Secretary and others PLD 2010 SC 61; Shahab Mazhar Bhalli v. Pakistan Railways through Divisional Superintendent and another 2014 PLC (C.S.) 356 and Syed Qasim Hussain v. Syed Mehdi Hussain and 2 others PLD 2015 Sindh 441 ref.

Anayat Hussain Shah Bukhari for Petitioner.

Mehar Khan for Respondent No. 1,

Date of hearing: 28th April, 2016.

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