ABDUL GANI RASTI Vs. QURAT UL ALI

JUDGEMENT

(1.) After the District Judge Srinagar granted Succession Certificate in Succession File No. 267/96 on 22-5-2000 to parents, widow and minor daughter of Khuda Baksh Rasti in respect of debts and securities specified and described in the application on the said file. Father and mother of said Khuda Baksh Rasti namely Abdul Gani and Hajra moved an application before the District Judge, Srinagar, the Court of Succession, seeking Succession Certificate to the extent of their share in the ratio of 1/6 : 1/6. However, the Ld. District Judge after hearing the counsel for the parties dismissed the application for modification in the Succession Certificate granted by that Court on 22-5-2000 on the ground that the order of the District Judge in granting the original Succession Certificate has been confirmed by the High Court.

(2.) The second limb of the order under challenge in this Appeal is for dismissal of the prayer seeking extension of the certificate in respect of pay and other arrears due to deceased to be collected from the employer, the SKIMS.

(3.) Bare perusal of record would reveal that the Succession Certificate in respect of the debt, securities and other payments due to Khuda Baksh Rasti, deceased, is claimed by and granted to Abdul Gani Rasti and Hajra Begum, father and mother of the deceased, Muneera Begum widow of the deceased and Qurat-ul-Ain minor daughter, of the deceased. While working out the shares ratio in which the amount, part of heritable estate of the deceased is to be shared by the parents, widow and the daughter mistake is apparently committed by the District Judge which has translated into the appellate Court order/decision. The contents of the certificate granted by the District Judge beside specifying the debts, securities and other payments due for payment to be received by the empowered persons are also to be shown to the extent of their interest and the ratio which each of the person(s) granted the certificate is to receive. While specifying the share of the claimants who have been granted certificate under the personal law (Sunni in this case) instead of showing father and mother 1 /6th share each both have been shown l/6th share together in the Succession Certificate. Calculating extent of share of each of the parents (father and mother) in the debt, security and the payments due to the deceased as part of the Mutrooka heritable estate of Khuda Baksh Rasti, deceased as per Muslim Law, applicable to parties comes to 1/6.