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MRS. KAUSAR NAZLI versus


The application for the cancellation of the Certificates of Section 127 Succession Act (Sec. 3 XX X 1925), Sections 373 and 383 Succession was granted in connection with the cash and securities held by the High Court, In the schedule of two amounts of property, one American had $ 57,000, while the other $ 144,000, which the shipowner paid in accordance with the Pakistan Merchant Shipping Ordinance, 2001, the High Court observed. Directed to collect both of the money, which is under Section 383 of the Succession Act, 1925, in favor of the lawyer / legal heir of the deceased owner. Released succession was filed to revoke the certificate, the first time did not dispute the amount of US $ 57,000, while the amount of US $ 144,000 that may be granted by. However, if there was a disputed amount of money, the civil court had the power to decide on the claim after recording the evidence from both parties, the appropriate forum for deciding the matter on the petition under the Succession Act, 1925. Was earlier, the High Court approved order was amended and the court was directed to deposit $ 57,000 in unrelated money from the shipowners, it would be open to the applicant Take appropriate action to recover the second amount of US $ 144,000 in a separate maintenance proceeding before the appropriate forum.

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