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2005 Supreme(J&K) 315

BASHIR AHMAD KIRMANI
Ab. Gani Rasti – Appellant
Versus
Muneera Banoo – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: J.H. Reshi

1. One Khuda Baksh an employee of SKIMS Srinagar passed away on 3-11-1995 and on petitioner™s motion Succession Certificate regarding debts securities payable to his legal representatives was issued by Principal District Judge Srinagar on 22-5-2000 in Succession file No. 267/96 in following terms :

Therefore, a succession certificate is ordered to be issued in favour of the parents, minor daughter and widow of the deceased on their furnishing several indemnity bonds indemnifying any other claim if and when established in a Court of law. Parents shall get one sixth of the total amount. Out of the balance amount widow shall get one eighth and the remaining amount shall go to minor daughter. The share of the minor shall be deposited in a scheduled bank in the name of the minor till she attains the age of majority. The bank account shall be operative subject to the terms and conditions laid down in the guardianship certificate of the minor.

2. Aggrieved thereby the parents of deceased appealed against the same in this Court on the ground that widow of the deceased namely Muneera was a divorcee and as such not entitled to any debts securities and accordingly sought modification in the or






















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