KAMRAN MIRZA vs MOAZZAM MIRZA
This matter arises from a petition seeking a succession certificate where the petitioner prayed for exemption from furnishing surety, offering to furnish a personal bond instead. The core legal question is whether the court can exempt a petitioner from furnishing sureties for the issuance of a succession certificate in a non-contentious matter under the relevant rules. The Sindh High Court held that in non-contentious matters, and where no objections are filed following publication, the court may dispense with the requirement of sureties and order the issuance of the succession certificate upon the execution of a personal bond by the petitioner. The key principle laid down is that under Rule 400 of the Sindh Chief Court Rules (O.S.), sureties need not be insisted upon in non-contentious matters, and the court possesses the discretion to modify or waive the requirement of sureties based on the facts and circumstances of the case.
- Can a petitioner be exempted from furnishing sureties for obtaining a succession certificate in a non-contentious matter?
- What are the conditions visualized under Rule 400 of the Sindh Chief Court Rules (O.S.) regarding the insistence of sureties?
- Whether a personal bond can be accepted in lieu of sureties for the issuance of a succession certificate?
- Rule 400, Sindh Chief Court Rules (O.S.)
ORDER
' AAMIR RAZA NAQVI, J.---
1. Granted.
2. Through this application, petitioner seeks exemption from furnishing surety for grant of succession certificate and seeking an order for issuance of succession certificate in respect of the same subject to furnishing of personal bond of the petitioner. Learned counsel submits that this is non-contentious matter. He relies upon the case-law reported as 1996 M LD 873 (Mst. Razia Khatoon). In said case-law, Rule 400 of the Sindh Chief Court Rules, (O.S.) is discussed. In such matter the securities were exempted and succession certificate was ordered to be issued on execution of personal bond. The language of Rule 400 of the Sindh Chief Court Rules (O.S.) is such that it visualizes two conditions in which sureties are not insisted, firstly that if court orders otherwise and secondly that matter is non-contentious. It means that in non-contentious matter sureties need not to be insisted and also if the matter A is contested the Court in the given facts and circumstances modifies the terms of sureties or very requirement of the sureties. Learned counsel for the petitioner has pointed out that this petition was filed on 6-1-2013 and was granted on 19-12-2013, whereby Succession Certificate/Letter of B Administration was ordered to be issued as per rules.
' The said order refers various formalities to be completed at the level of Deputy Registrar (O.S.) and during all these proceeding and C even after publication in daily Jang dated 9-11-2013 no objection has ever been filed by any one.
' In view of above facts and circumstances Succession Certificate Letter of Administration be issued without insisting of filing sureties. D However, petitioner shall execute personal bond equal to the
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