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(b) Succession Act,(XXXIX of 1925)‑‑

‑‑‑S.5‑‑Succession certificate, application for‑‑Money lying with English lank at London‑‑Deceased dying in Pakistan‑‑A citizenship certificate its well as identity certificate of petitioner produced in Court showing that deceased was citizen of and domicile of Pakistan‑‑Application, held, maintainable‑‑Names of next of kin mentioned in application and each one of them major and filing affidavit to effect that they had no objection to issue of such certificate‑-Succession certificate issued.

Akhtar Ali Mahmud for Petitioner.

Date of hearing: 8th April, 1984.

The present application has been made by Saleem Lodhia for grant of Succession Certificate in respect of assets of deceased Dr. Maroon Haji Wali Lodhia. The deceased was working with the Ministry of Health, Government of Malaysia but had money lying in two separate accounts with Messrs Lambard North Central P L C 17 Bruton Street, 1,ondon WIA 30H in Account Nos. 324506‑C and 581839‑G.

This matter was placed before my learned brother Ajmal Mian, J In 1‑4‑1984 when it was adjourned so that the petitioner could satisfy the Court whether the application for grant of Succession Certificate Was maintainable in Pakistan. Mr. Akhtar Ali Mahmood has invited my attention to subsection (ii) section 5 of the Succession Act which lays clown as follows:‑‑

"(2) Succession to the movable property of a person deceased is regulated by the law of the country in which person had his domicile at that time of his death."

It would appear that the correct criterion‑ is the domicile of the deceased at the time of his death. The deceased in fact died in Pakistan and a citizenship certificate as well as petitioner's identity certificate have been produced before me today. These documents show that the deceased was a citizen of Pakistan and domiciled in Pakistan. This application is, therefore maintainable.

The names of the next of kin are mentioned in paragraph 7 o the application. Each one of them is major. Each one of them has filed an affidavit stating that he has no objection to the grant of Succession Certificate. The affidavit of Mrs. Perveen Ahmed and Mrs. Nasreen Ahmed have been executed outside Pakistan and those are. properly attested. The amount in question is in English Bank in Lodon. I order to ensure proper repatriation of foreign exchange to Pakistan I direct that Succession Certificate shall be issued in favour of the Nazir of this Court who may contact the Pakistan Embassy in the United Kingdom for obtaining this amount through the State Bank of Pakistan. The foreign exchange when received shall be converted into Pakistan currency and when the amount is received the Nazir shall lay the case before the Court for obtaining orders in regard to disbursal. Nazir's fees is fixed at Rs.750.

M.Y.H Succession certificate issued.

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