Mst. FAUZIA NOUREEN Versus MUHAMMAD ASGHAR

MAULVI ANWARUL HAQ, J.--- On 1-12-2008 the respondent No.1 filed an application for grant of succession certificate in the goods of his son Mubashar Ali who had died while in Police service on 15-11-2008. The petitioner is the widow of said Mubashar Ali who did not have any issue while Mst. Ghulam Sakina is his mother. The learned trial Court passed an order on 20-2-2009 stating that the succession certificate be issued in favour of the legal heirs of the deceased in the sum of Rs.5,50,000 but this amount be disbursed in accordance with the Rules and Regulations of the Police Department. The respondent filed a first appeal which has been decided by a learned Additional District Judge, Jhelum, on 9-6-2009 who has directed that the amount be disbursed amongst the said parents and widow of the deceased in accordance with their Muslim Law shares.

2. Learned counsel for the petitioner contends that the amount of Group Insurance did not form part of the estate of the deceased and as such was to be collected by the petitioner in accordance with the rules being the widow. The other amounts being payable to the family of the deceased are to be distributed amongst the parents and widow of the deceased. He relies on the case of Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731. Learned counsel for the respondent supports the impugned order of the learned Additional District Judge.

3. I have gone through the copies of the records with the assistance of the learned counsel for the parties. Out of the said total amount, a sum of Rs.1,40,000 is payable as Group Insurance. This amount has been held by Shariat Appellate Bench of the Honourable Supreme Court of Pakistan in the said case of Federal Government of Pakistan v . Public at Large not to be part of the estate of the deceased (page 749 of the judgment refers). I, therefore, do find that this amount of Rs. 1,40,000 is exclusively payable to the petitioner/widow if duly nominated by the deceased. The remaining amount is payable to the family of the deceased. This will be distributed accordingly amongst the parents and the widow. The civil revision is accordingly partly allowed and is disposed of. No orders as to costs.

M.H./F-67/L Order accordingly.