ABDUL SHAKOOR KHAN, J.---Through this single judgment, this Court shall dispose of W.P No,678- M/2016 and W.P No,679- M/2016 as both the petitions have arisen out of the same order and common question of law and facts involved therein.
2. The brief and essential facts leading for disposal of the instant writ petitions are that the private respondents had obtained a succession certificate from the Court of learned Senior Civil Judge/Aala Illaqa Qazi, Malakand at Batkhela vide order dated 27.03.2000 in respect of Bank account having amount of Rs,3,22,132/- left behind by deceased Muhammad Ayub, Predecessor in interest of the petitioners and respondents Nos,1 to 3, wherein the respondents concealed the material facts with respect to the legal heirs of deceased Muhammad Ayub, by excluding the petitioners from the list of legal heirs of the deceased. The present petitioners filed applications before the learned Senior Civil Judge/Aala Illaqa Qazi Malakand at Betkhela for revocation of the said succession certificate issued on 29.03.2000. During the proceedings on the said applications, the petitioners also submitted applications to the said Court under Section 195, Cr.P.C. for initiating proceedings against the private respondents which include their real brothers for the alleged commission of offences mentioned therein. The learned Senior Civil Judge, after hearing the learned counsel for the parties vide order dated 14.05.2016 revoked the succession Certificate already granted on 29.03.2000, while applications submitted under Section 195 Cr.P.C. for initiating proceedings against the present private respondents was dismissed on 30.07.2016. The present petitioners being aggrieved from the said order, filed revision petition before the learned Additional District and Sessions Judge/Izafi Zilla Qazi Malakand at Batkhela, which also met the same fate, hence the present writ petitions.
3. I have heard learned counsel for petitioners in motion and perused the available record thoroughly with his assistance.
4. From perusal of the record, it is evident that the respondents had obtained succession certificate from the Court of learned Senior Civil Judge, Malakand at Batkhela vide order dated 27.03.2000 in respect of bank account having amount of Rs,3,22,132/- left behind by deceased Muhammad Ayub, predecessor in interest of the parties. The petitioners had filed applications under Section 383 of the Succession Act, 1925 for revocation of the said succession certificate, and on acceptance of the said applications, the succession certificate already granted was revoked by the learned Senior Civil Judge, Malakand at Betkhela, while application submitted under Section 195 Cr.P.C. by the petitioners for initiating proceedings against the respondents was dismissed and the revision petition filed by the petitioners was dismissed by the revisional Court. This Court thoroughly perused the entire record available on file along with the impugned orders of both the Courts below but this Court does not find any illegality or irregularity in the impugned judgments/orders passed by both the Courts.
5. No doubt, respondents Nos,1 to 3 the real brother of petitioners along with /heir mother have applied for succession certificate under Section 373 of the Succession Act, 1925 wherein they have not joined the present petitioners i,e, their sisters as one of the legal heir of deceased Muhammad Ayub. I may point out here that the procedure laid down under Section 373 of Succession Act, 1925 is a summary procedure wherein evidence like a civil suit is not recorded. Meaning thereby, the Court in the case of grant of succession certificate does not determine the rights of the parties. If any person wants the determination of rights then remedy lies for him in shape of suit under Section 373 Succession Act 1925. If a person is aggrieved and dissatisfied by issuance of succession certificate, then he can prefer an appeal under Section 383 of 'Succession Act, 1925. It is also not out of place to mention here that grant of Succession Certificate in favour of any person does not make him the absolute owner of the debts or securities of the deceased lying in the financial institution or other institution. After obtaining succession certificate the grantee would be duty bound to disburse the said amount of deceased amongst the legal heirs of the deceased.
Under Section 375 the learned Judge require the person to whom he proposes to make the grant of certificate to give the learned Judge a bond of one or more surety or sureties, or other sufficient security, for rendering an account of debts and security or other sufficient security, for rendering security received by him and for indemnify a person who may be entitled to the whole or any part of those debts and security. The learned SCJ in terms of Section 375 Succession Act 1925 has obtained sureties from the respondents Nos,1 to 3 in the sum of Rs,5,00,000/- for indemnifying the present petitioners and other claimant.