MIAN SAQIB NISAR, J.--- The petitioner was married to Tariq Mehmood and out of this wedlock two minor children were born. The petitioner's husband died on 4-7-2004, who had some deposit in the Alfalah Bank, Defence Area Branch, Lahore; she accordingly applied for the grant of succession certificate, but the respondents, who are the parents of the deceased, resisted the application on the ground, that the petitioner is responsible for the murder of her husband, upon which the learned trial Court has dismissed the application, vide order, dated 13-1,0-2005; the appeal of the petitioner has also failed.
2. I have heard the learned counsel for the parties and find that the petitioner is not still a convict in any criminal case upon the allegations of murder. The case of the petitioner is that there is no criminal case pending against her, but this has been controverted by the respondent's counsel.
3. Be that as it may, as the petitioner has not been convicted so far in any criminal case, therefore, presently there is no impediment pi her way to receive the amount of her share, which she has inherited; obviously in view of the Sharia Law, the petitioner becomes disentitled only if it is proved that she was instrumental in the murder/death of her husband. This is not the position so far.
Therefore, the Courts below have erred in law while refusing the petitioner the requisite succession certificate; the impugned orders thus, cannot sustain and are hereby set aside. However, in order to secure the position, in case the petitioner is found guilty, she is entitled to the certificate upon her furnishing a surety bond to the satisfaction of the trial Court. Therefore, this revision is accordingly allowed.