' MAZHAR ALAM KHAN MIANKHEL, C.J.--- This civil revision has been directed against the judgment dated 3.7.2013 passed by learned Additional District Judge-V, Kohat, whereby appeal filed by respondent No,1 for setting aside order of learned Senior Civil Judge. Dated 5.6.2013 was accepted.
2. Brief facts of the case are that petitioners filed an application before learned Senior Civil Judge, Kohat, for grant of Succession Certificate with respect to amount of Rs,30,00,000/- and Rs,100,000/- in shape of saving certificates left by their father, namely, Syed Zahir Shah, lying in National Saving Centres, Kohat, which was, accordingly, issued vide order dated 13.11.2012. Respondent No,1 feeling aggrieved filed an application under section 383 of the Act for its revocation on the ground of fraud and mis-representation by alleging that the certificates amounting to Rs,30,00,000/- were gifted to her by her husband, the deceased, in his life time. The application was contested by the petitioners by filing replication. Learned Senior Civil Judge after hearing the parties, dismissed the application vide order dated 5.6.2013 against which Respondent No, 1 filed an appeal, which was allowed by learned Additional District Judge-Kohat, by setting aside the order of learned Senior Civil Judge and the disputed amount was excluded from the succession certificate.
3. Unhappy with the order of learned Additional District Judge, Kohat, the petitioners filed the instant revision petition.
4. Arguments of learned counsel for the parties were heard and record of the case perused.
5. The perusal of file would reveal that petitioners being sons of the late Syed Zahir Shah applied for grant of Succession Certificate under section 373 of the Succession Act, 1925, regarding certain saving certificates in the National Saving Centers, Kohat, which was issued by learned Senior Civil Judge, Kohat, vide order dated 13.11.2012 by determining the shari shares of legal heirs of the deceased, i.e,, five sons, two daughters and a widow, the respondent No,1, who, thereafter, being widow of the deceased, submitted an application before learned Senior Civil Judge, Kohat, for its revocation under section 383 of the Act, on the ground that the amount in shape of certificates was gifted to her by her husband, the deceased, in his life time by nominating her to receive the same after his death. The application was rejected by learned Senior Civil Judge, however, her appeal was accepted by learned Additional District Judge with the observation that she being widow of the deceased was nominated by her husband in his life time to receive the amount in accordance with rules enunciated in National Deposit Saving Certificate Rules, 1972, and as such the disputed amount was excluded from the Certificate.
6. Procedure on application for issuance of succession certificate is provided in Section 373 of the Succession Act, 1925. Subsection (1) of Section 373 says that right to certificate shall proceed in a summary manner. Subsection (2) provides that when the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of certificate to him and if the rights of the rival applicant are difficult to decide in a summary manner, as in the present case, the Court, in that case too, should not refuse to grant the certificate and leave the other person to establish his right by a regular suit as subsection (3) of Section 373 lays down that if the Judge cannot decide the right to the certificate without determining question of law or fact which seems to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto, however, in that case, the applicant must execute a bond as required under section 375(1) of the Act for rendering an account of debts and securities received by him and for indemnity of persons who may be entitled to the whole or any part of those debts and securities.
The very object of Succession Act is to facilitate the collection of debt on succession and not to indulge the parties in litigation over the disputed question of title as the grant of succession only enable the party to collect any debt or security belonging to the deceased but it does not determine any question of disputed title, therefore, the learned appellate court has adopted a wrong procedure for which there is no provision in the Succession Act. Nominee as per settled law is the person to receive/collect the amount and would be legally bound for onward payment of the same to all of them who are legally entitled to receive the same as per their respective shari shares. Nominee at the most can act as a facilitator for all those who are legally entitled to receive their shares in order of succession. Making of nomination could not give legal right to nominator.
The law of Succession in this regard is very much settled. The claim of the lady regarding gift in her favour by her deceased husband is the question to be determined by a competent Court of law.
Reference in this regard can also be placed on the case of Malik Safdar All Khan and another v.
Public at large and others (2004 SCM R 1219).
7. For the reasons discussed above, this Civil Revision is allowed, impugned judgment dated 3.7.2013 of the appellate Court is set aside and application of respondent No, 1 for revocation of Succession Certificate issued on 13.11.2012 is dismissed. However, the widow/respondent No,1 if claims to be the exclusive owner of the amount so fixed/deposited by the deceased, then she should establish her right through a Court of law and the legal heirs, till then, shall have to furnish surety bond to the extent of their respective shares determined by learned Senior Civil Judge in the original succession certificate to the effect that in case the respondent No,1 establishes her right regarding the disputed amount, they will return the amount. Costs shall follow the event. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.