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MST. KHAIRUNNISSA versus KAZI MUHAMMAD LATIF


The Succession Act 1925 Section 5 Securities Certificate Court, held after the approval of the Succession Certificate, was not authorized to pass any order granting the rehabilitation allowance to minors.

1987 C L C 1808(1)

[Karachi]

Before Saeeduzzaman Siddiqui, J

Mst. KHAIRUNNISSA‑‑Petitioner

versus

Kazi MUHAMMAD LATIF (deceased)‑‑Respondent.

Civil Miscellaneous Applications in S.M.A. No. 331 of 1985, decided on 20th October, 1986.

Succession Act (XXXIX of 1925)‑ --

‑‑‑S. 5‑‑Succession Certificate‑‑Court, after grant of succession certificate, held, did not possess any power to pass order for allowing maintenance allowance to minors.

Muzaffarul Haq for Petitioner.

ORDER

These two applications are filed by the petitioner and minors respectively for allowing maintenance allowance to the minor and for purchase of a property in the name of the minor. Both these applications are misconceived as after grant of succession certificate, the Court does not possess any power to pass such orders. The petitioner if so advised by taking appropriate proceedings before the Guardian Court in this regard.

M.Y.H./K‑23/K Applications dismissed.

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