Order Sheet

IN THE HIGH COURT OF SINDH AT KARACHI

Misc. Appeal No. 08 of 2019

Date	Order with signature of Judge

For hearing of Main Case :

03.04.2019 :      Mr. Hasin Ahmed, advocate for the appellant.

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            This appeal has been filed against order passed by the learned District Judge Karachi Central in SMA No.882/2018 whereby the said petition filed by the appellant in respect of the assets left by his late brother Zahid Askari (‘the deceased’) was allowed subject to the conditions stated in the impugned order. The above petition was filed in respect of two bank accounts left by the deceased, one with Habib Bank Ltd. which was in his sole name, and the other with United Bank Ltd. which was a joint account of the deceased and his      pre-deceased sister Mst. Roshan Jehan. Through the impugned order, the petitioner has been allowed to collect the entire amount lying in the account with Habib Bank Ltd., but in respect of the joint account in United Bank Ltd, only 50% share of the deceased has been allowed to be withdrawn by him.

As it is an admitted position that husband of the above named pre-deceased sister is still alive, learned counsel for the appellant undertook on the last date of hearing viz. 19.03.2019 to file a statement showing the amount in the joint account as at 27.04.2013 i.e. the date of death of Mst. Roshan Jehan and the share inherited by her husband from the said amount. According to the statement filed by him on 02.04.2019, an amount of Rs.156,242.61 was available in the said joint account on 27.04.2013 when Mst. Roshan Jehan passed away, out of which the appellant is entitled to Rs.78,121.31 being his 50% share ; and after the demise of Mst. Roshan Jehan, an amount of Rs.834,122.00 was deposited in the said joint account by the appellant to which only he is entitled. It is contended that husband of late Mst. Roshan Jehan is entitled to receive only Rs.78,121.31 being his 50% share out of Rs.156,242.61 lying on the date of death of Mst. Roshan Jehan ; whereas, the appellant is entitled to receive Rs.78,121.31 being his 50% share from the said amount plus Rs.834,122.00 deposited by him in the said account after the demise of Mst. Roshan Jehan. The total amount receivable by the appellant comes to Rs.912,243.00 as per the above calculation, however, the same has been inadvertently shown as Rs.1,028,319.00 in the above referred statement.

            In view of the above, the Succession Certificate granted in favour of the appellant in pursuance of the impugned order is modified only to the extent that the appellant is entitled to collect an amount of Rs.912,243.00 (Rupees nine hundred twelve thousand two hundred and forty three only) from account No.055410127539 with United Bank Ltd., Hussain D’Silva Branch, Karachi, in the joint names of Zahid Askari and Mst. Roshan Jehan. It is clarified that rest of the contents / terms and conditions of the impugned order and succession certificate shall remain unchanged, and the appellant shall have to furnish surety in terms of the impugned order to the extent of the amounts mentioned therein as well as the additional amount allowed through this order.

            The appeal stands disposed in the above terms with no order as to costs.

     J U D G E