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Petitioner: Mst. Rabia Qavi and others VS Respondent: Mst. Hina Qavi Khan and others
Court Name: Sindh High Court Judge(s): Aziz-ur-Rehman Title: Mst. Rabia Qavi and others vs Mst. Hina Qavi Khan and others Case No.: Miscellaneous Appeal No.12 of 2019 Date of Judgment:2019-10-07 Reported As: PLD 2020 Sindh 263 Result: Order accordingly
JUDGMENT
JUDGMENT AZIZ-UR-REHMAN, J.---By means of this Miscellaneous Appe al No. 12 of 2019 [Mst. Rabia Qavi daughter of Abdul Qavi Khan and 4 others v. Mst. Hina Qavi Khan widow of Abdul Qavi Khan and 4 others], the Appellants herein [who are step daughters and son of Resp ondent No.1, Mst. Hina Qavi Khan ] while, feeling 'aggrieved' by and 'dissatisfied' with the 'impugned order' dated 26.03.2019 , [Annexure 'A' to MoA] passed by learned IInd Additional District and Sessions Judge, Karachi- Central, has approached this Court 'inter alia' with a prayer for setting aside the 'impugned order' dated 26.03.2019. For ready reference the prayer sought in the Miscellaneous Appeal No.12 of 2019 [In short Misc. MoA], reads as follows:-- It is, therefore, prayed that this Honourable Court be pleased to call R.&P . of S.M.A. No.921 of 2017 from the Respondent No.3 and set aside the order dated 26.03.2019, by directing the Respondent No.3 to distribute the amount of Rs.1,00,61,149/- between all the legal heirs of the deceased, as per Muhammadan Law, in the interest of justice. 2. Through the 'impugned order' dated 26.03.2019, passed by learned IInd Additional District and Sessions Judge, Karachi-Central, the 'Nominee' viz. Mst. Hina Qavi Khan widow of Abdul Qavi Khan [Respondent No.1 herein- Petitioner in S.M.A. No.921 of 2017 ], was found entitled for receiving the amounts of two [2] Life Insurance policies i.e. [i} Life Insurance Policy No. 445145 amounting to Rs.20,00,000/- [Rupees Twenty Lacs only] and [ii] Life Insurance Policy No.488939 amounting to Rs,46,17,847/- [Rupees Fourty Six Lacs, Seventeen Thousand Eight Hundred and Fourty Seven only], while, in respect of the amount of 3rd Life Insuran ce Policy No.445146 amounting to Rs.20,00,000/- [Rupees Twenty Lacs only], the legal heirs i.e. the Appellants herein [four[4] daughters and [i] one son of deceased Abdul Qavi Khan son of Abdul Hai Khan from the first deceased wife namely Mst. Ishrat Qavi Khan who died on 05.02.2016 i.e. before the death of Abdul Qavi Khan on 03.04.2017] was found entitled to
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receive the amount of 3rd Life Insurance No.445146 amounting to Rs.20,00,000/-. Per 'Para-2' of 'Misc. MoA', the appellants are the step 'daughters' and 'son' of Mst. Hina Qavi Khan [Respondent No.1 herein]. 3. Per 'Para-2' of the instant Misc. Appeal No.12 of 2019, Mst. Hina Qavi Khan widow of Abdul Qavi Khan [Respondent No.1 herein ], is the real mother of Respondent No.2Muhammad Talha Khan son of Abdul Qavi Khan. The real mother of the Appellants' viz. Ishrat Qavi, it is worth to mention passed away on 05.02.2016 i.e. much before 03.04.2017 when, the deceased Abdul Qavi Khan, passed away [see 'Para-1' of Misc. MoA]. 4. The 'material part' of the 'impugned order' dated 26.03.2019, passed by the learned 'Ind Additional District and Sessions Judge, Karachi-Central, reads as follows:- "On the perusal of record it appears that lift insurance policies obtained by deceas ed was for his maximum age of 65 years and in his lifetime he was not entitled to receive any amount from those policies. The deceased died before the maximum age provided in the policies. Thus all three insurance policies obtained by deceased could not be termed as Tarka but the same would fall within the definition of Hadiya. Accordingly , only nominees were entitled to receive the 100% amount of all three insurance policies obtained by deceased. As per record, in insurance policy No.445145 amounting to Rs.2,000,000/- and insurance policy No.488939 amounting to Rs.4,617,847/-, the nominee was petitioner Hina Butt whereas, in insurance policy No.445146 amounting to Rs.2,000,000/- the nominee was Ishrat Qavi who has also died. Therefore, petitioner is entitled to receive whole amount of two insurance policies amoun ting to Rs.6,617,847/- whereas, only legal heirs of deceased Mst. Ishrat Qavi are entitled to receive whole amount of one insurance policy amounting to Rs.2,000,000/-. The amount Rs.1,443,302/- would be distributed among all legal heirs of deceased as per their respective legal shares. Nazir is directed to distribute the amount according to above mentioned scheme. Since, both parties have already taken amount of Rs.3,061,147/- each, therefore, they are bound to return/deposit the amount in excess of their respective shares, if any . With these observations, the instant SMA is disposed of . [Emphasis supplied]. 5. The relevant facts in brief leading to the filing of the instant Misc. Appeal No.12 of 2019 [Mst. Rabia Qavi daughter of Abdul Qavi Khan and 4 others v. Mst. Hina Qavi Khan widow of Abdul Qavi Khan] , are that; the Respondent No.1, Mst. Hina Qavi Khan, who is widow of deceased Abdul Qavi Khan, upon the death of her husband on 03.04.2017 , at Karachi, filed a Petition for grant of 'Succession Certificate' under section 372 of the Succession Act 1925, bearing S.M.A. No.921 of 2017, in respect of 'moveable assets/properties' belonging to the said deceased . 6. In the aforesaid S.M.A. No.921 of 2017, filed in November , 2017 [i] Abdul Qavi Khan son of Abdul Hai Khan and [ii] Ishrat Qavi Khan were shown as deceased on 03.04.2017 and 05.12.2016 , respectively . The prayer sought in the said Petition for grant of 'Succession Certificate' under section 372 of the Succession Act 1925, reads as follows: It is respectfully prayed on behalf of the Petitioner as well as other legal heirs of deceased that this Hon'ble Court may graciously be pleased to allow this application and grant the Succession Certificate in respect of Moveable Immoveable Property of the deceased (details mentioned Annexure as well as in the Schedule of Property , to meet the ends of justice. 7. According to the 'averments'/'assertions' made in the Petition for grant of 'Letter of Succession' under section 372 of the Succession Act, 1925, the surviving legal heirs left behind by deceased Abdul Qavi Khan are as follows:- S.NO.NAME OF LEGAL HEIR RELATION 1.Hina Qavi 2Khan [Petitioner] CNIC No.13509-8790199-2Widow 2.Rabia Qavi CNIC No.42101-8851005-6Daughter 3.Asiya Ahmer CNIC No.42101-1398384-2Daughter 4.Maria Qavi Khan CNIC No.42101-8193700-4Daughter
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5.Hira Qavi CNIC No.42101-2902965-8Daughter 6.Muhammad Hamza Khan CNIC No.42101- 0470696-5Son [2 to 6 are daughters and son from the deceased wife namely Mst. Ishrat Qavi Khan] 7.Muhammad Taiha Khan CNIC No.42101-4370583- 1Son of Abdul Qavi Khan from 2nd wife Mst. Hina Qavi Khan. 6. Muhammad Hamza Khan CNIC No.42 101-0470696-5 Son [2 to 6 are daughters and son from the deceased wife namely Mst. Ishrat Qavi Khan] 7. Muhammad Taiha Khan CNIC No.4210 1-4370583-1 Son of Abdul Qavi Khan from 2nd wife Mst. Hina Qavi Khan. 8. Apart from the above, in the Memo of Petition filed under section 372 of the Succession Act, 1925 [XXXIX of 1925], for grant of a 'Letter of Succession Certificate' bearing S.M.A. No.921 of 2017, the 'description'/details of moveable 'assets/properties' left behind by the deceased Abdul Qavi Khan son of Abdul Hai Khan, who died at Karachi on 30.04.2017 was given as follows:- DESCRIPTION OF THE MOVEABLE PROPER TY S.No.Description of deceased's assetsAmount 1.Account No.0392982070, NBP,K.D.A. Civic Centre Branch, Karachi.Rs. 14,02,687/- 2Insurance Policy No.445145 with Jubilee Life Insurance.Amount Rs.20,00,000/-, 3Insurance Policy No.488939 with Jubilee Life Insurance.Amount Rs.10,00,000/- 4Insurance Policy No.445146 with Jubilee Life Insurance.Amount Rs.20,00,000/-, Total Amount Rs.64,02,687/-
9. Per 'averments' made in 'Para-2' of the Petition filed under section 372 of Succession Act, 1925 [XXXIX of 1925], the said deceased namely Abdul Qavi Khan son of Abdul Hai Khan, had solemnized two [2] marriage s i.e. first with deceased Ishrat Qavi [who died on 05.02.2016] and second with the Petitioner namely , Hina Abdul Qavi Khan. From the 1st wife, viz. Mst. Ishrat Qavi Khan, the deceased Abdul Qavi Khan son of Abdul Hai Khan, has five [5] surviving legal heirs whereas, from 2nd wife namely , Mst. Hina Qavi Khan, there is only one son viz. Muhammad Talha Khan [see 'Para-3' of Misc. MoA]. Except the aforesaid seven [7], surviving legal heirs including Hina Qavi Khan widow of Abdul Qavi Khan, there is no any other 'surviving legal heir/next of kin' of the deceased. The said deceased , as averred, in the Memo of Petition under section 372 of Succession Act, 1925, has left/made, no any though a 'diligent search' in this regard was also made. 10. The Memo of Petition [In short MoP], under section 372 of the Succession Act, 1925, for grant of a 'Succession Certificate', was not only accompanied with the 'affidavits of no objections' of the legal heirs but also with 'affidavits' of two [2] 'independent witnesses'. All of them not only appeared before the Court of learned District Judge Karachi-.
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Central but also 'confirmed' the contents of their 'affidavits'. All the legal heirs of deceased it appears, had also raised their 'no objections' to grant of letter of 'Succession Certificate' in favour of the Petitioner , Mst. Hina Qavi Khan [ Respondent No.1 herein ]. 11. Upon fulfilling of all the 'pre-requisites formalities' including 'publication of notice' in Newspaper 'Daily Jang' dated 18.01.2018, no one, however , come forward to oppose the Petition under section 372 of the Succession Act, 1925, for grant of a 'Letter of Succession Certificate' in favour of the Petitioner viz. Mst. Hina Qavi Khan widow of Abdul Qavi Khan [Late]. Lastly , on 31.03.2018 when, SMA No.921 of 2017 , came-up before the learned District Judge Karachi-Central then, 'inter alia' in the light of 'Report of NADRA' bearing No.330 dated 18-1-2018 and 'Family Registration Certificate' No.AB 6929161 dated 29.01.2018 [In short FRC] vis-a-vis legal heirs of the deceased, the 'Letter of Succession' was consequently granted. The 'material part' of order dated 31.03.2018 , whereby , the Petition for grant of 'Succession Certificate' under Section 372 of Succession Act, 1925, was 'disposed of ' allowed ' reads as follows:- "In the light of above circumstances, this Succession Petition is allowed in respect of property viz. [i] Amount Rs.14,02,687, Account No.0392982070, NBP, KDA Civil Line Centre Branch, Karachi [ii] Amount Rs.20,00,000/-, Insurance Policy No.445145 with Jubilee Life Insurance [iii] Amount Rs.10,00,000 /-, Insurance Policy No.488939 with Jubilee Life Insuranc.e, and [iv] Amount Rs.20,00,000/-, Insurance Polic y No.445146 with Jubilee Life Insurance subject to furnishing surety equal amount of the above properties, with Nazir of this Court. The Petitioner is entitled to collect the said amount from concerned banks distribute the amount amongst all legal heirs of the deceased in accordance with Law ". [Emphasis supplied] 12. 'Pursuant to' and in 'compliance' with order dated 31.03.2018 , a 'Letter of Succession Certificate' it appears, was issued on 11.05.2018 , in favour of Respondent No.1, Mst. Hina Qavi Khan [Petitioner in SMA No.921 of 2017 ], in respect of certain 'Debts' /'Securities' of deceased [i] Abdul Qavi Khan son of Abdul Hai Khan [ii] Ishrat Qavi widow of Abdul Qavi Khan however , after submitting/furnishing the 'requisite securit y' with Nazir of the Court, as per Succession Certificates granting order dated 31.03.2018. 13. The Respondent No.1, in terms of 'Succession Certificate' stands entitled with a right to collect, the amounts [with profit, if any], from concerned Bank/ Department but thereafter , the Petitioner , in terms of 'Succession Certificate' was required to distribute the collected amount[s] amongst all the 'legal heirs' of the deceased, in accordance with law. The 'break-up'/'description' of 'Debts'/'Securities' belonging to deceased [1] Abdul Qavi Khan son of Abdul Hai Khan [2]. lshrat Qavi wife of Abdul Qavi Khan Khan, is given as under:- S.# Deceased's AssetsAmountNominee, if any, 1 Account No.0392982070, NBP, KDA Civic Centre Branch, Karachi.Amount Rs.14,02,687/-- 2.Insurance Policy No.445145 with Jubilee Life Insurance.Amount Rs.20,00,000/-Mst. Hina Qavi Khan 3 Insurance Policy No. 488939 with Jubilee Life Insurance.Amount Rs.10,00,000/-Mst. Hina Qavi Khan 4 Insurance Policy No. 445146 with Jubilee Life Insurance.Amount Rs.20,00,000/ -Mst. Ishrat Qavi .
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Total Amount Rs. 64,02,687/ -
14. Per 'averments', made in 'Para-7' of Memo of Misc. Appeal [In short Misc. Moil], the amount collected by the Respondent No.1, Mst. Hina Qavi Khan widow of Abdul Qavi Khan is Rs.1,00,61,149/- but the 'break-up' of the collected amounts, as given in 'Para-7' of Memo of Misc. Appeal [in short Misc. MoA], is as under:- a)Policy No.445145 Rs.20,00,000/- b)Policy No.488939 Rs.46,47,847/- c)Policy No.445146 Rs.20,00,000/- d)From Bank Account Rs.1,00,50,534
15. Pursuant to and in compliance with order dated 31.03.2018 passed by learned District Judge Karachi-Central, where-under the 'Succession Certificate' was granted in favour of Mst. Hina Qavi Khan widow of Abdul Qavi Khan for collecting of Rs.64,02,687/-, as urged, by learned counsel for the Appellants created some sort of disputes regarding the amounts of shares of the surviving legal heirs and distribution of the 'amounts' collected by Mst. Hina Qavi Khan [Petitioner in whose favour 'Letter of Succession' was granted on 31.03.20181. 16. The Respondent No.1, Mst. Hina Qavi ,Khan under such circumstances, opted to file an Application under Section 151 C.P.C. for getting an appropriate order/direction regarding 'implementation'/ 'compliance' of order dated 31,03.2018 , [Annexure 'D' to Misc. MoA] in its letter and spirit. The prayer sought in the said Application under section 151 C.P .C., reads as follows:- (a) To appoint the Nazir of this Honoura ble Court to set the shares of the legal heirs and to call the amount of shares from the Respondent No.1 and distribute the shares amongst legal heirs as per law . (b) That while calculating the shares from the amount, the Nazir of this Honourable Court may also be directed to keep in view that the total amount as received by the Respondent No.1 consist of two insurance policies i.e. Policy No.445145 for the amount of Rs.20,00,000/- and Policy No.488939 for the amount of Rs.46,17,847/-, in which the Respondent No.1 is the nominee, being 100% share holder and as per law the nominee is entitled to get the share as per the policy , whereas one policy in the name of lshrat Qavi Policy No.445146, for the amount of Rs.20,00,000/- who dies before the death of the deceased husband as such the policy became the property of the deceased husband. (c) Nazir may also be directed to calculate the amount, which is required for the charges for disbursing/ withdrawing the cheque from the account of the Respondent No.1 and either to deduct it from the amount payable to legal heirs or to collect the said amount from legal heirs and handed over it to the Respondent No. 1. [Emphasis supplied]. (d) That the Respondent No.1 may also be granted the cost of the case, which has been paid by the Respondent No.1 to the counsel for filing of the above noted matter . (e) Any other relief, which this Honourable Court may deem fit and proper , as per the circumstances of the case. 17. On the other hand, an Application under Sections 3/4 of the Contempt of Court Act, was filed on behalf of the Appellants herein, for initiating 'contempt proceedings' against their 'step mother' viz. Mst. Hina Qavi Khan widow of Abdul Qavi Khan [who is Petitioner in SMA No.921 of 2017 and Respondent No.1 herein] who, as alleged, in the contempt Application, had deliberately 'disobeyed' Order dated 31.03.2018 . Whereby , a 'Letter of Succession' was granted and issued on 11.05.2018 , in favour of Mst. Hina Qavi Khan widow of Abdul Qavi Khan. 18. Both the aforesaid Applications i.e. [i] Application under section 151 C.P.C. filed by Respondent No.1 herein [ii] Contempt Application filed by Appellants herein, filed in SMA No.921 of 2017, were seriously opposed/contested by way of filing 'objection'/'counter af fidavits' by the opposite party[ies]. 19. Later on, when only the Application under section 151 C.P.C., filed by Respondent No.1 herein viz. Mst. Hina Qavi Khan widow of Abdul Qavi Khan, came-up on 05.10.2018 , before the learned District Judge, Karac hi-Central then, the same was dismissed . The 'material part' of order dated 05.10.2018 , reads as follows:-
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The above S.M.A. was granted in favour of petitioner on 31.03.2018 and all the legal heirs including present applicants had filed their affidavits of no objection in favour of petitioner and petitioner was directed to collect the said amount and distribute the same amongst the legal heirs of deceased. However , she did not mention in the petition nor in supporting affidavit of petition that she is entitled for two policies being nominee of 100% and after grant of S.M.A. she took said plea. All the legal heirs of the deceased including applicants are entitled for their respective share in the bank amount and the insurance policies left by the deceased and if the petitioner is aggrieved with the order dated 31.03.20 18 passed by this court she may approach Honourable High Court of Sindh for any relief if she is so advised. [Emphasis supplied]. Keeping in view the above facts and circumstances, the application in hand is dismissed with direction tb the Nazir to collect the said bank amount and insurance policies either from the petitioner or from the concerned department and distribute the same amongst the legal heirs of deceased including applicants according to their respective shares as per sharia . [Emphasis supplied]. 20. Upon dismissal of the said Application under Section 151, C.P.C., filed by Mst. Hina Qavi Khan widow of Abdul Qavi Khan [Respondent No.1 herein] vide order dated 05.10.2018 , passed by learned District Judge, Karachi- Central [Annexure 'J' to the Misc. MoA], the Respondents Nos.1 and 2 herein, thus feeling 'aggrieved' by and 'dissatisfied' with said order of 05.10.2018 , opted to file Miscellaneous Appeal No.69 of 2018 [Mst. Hina Qavi Khan widow of Abdul Qavi Khan and another v. Mst. Rabia Qavi daughter of Abdul Qavi Khan and 5 others], before this honourable High Court of Sindh, Karachi. The said Misc. Appeal No.69 of 2018, was subsequently 'disposed of vide order dated 15.01.2019 , by directing the Appellants in Misc. Appe al No.69 of 2018 [Respondents Nos.1 and 2 he rein], to deposit the amount of Rs.70,00,000/ - within twenty four [24] hours, with the Nazir of the 'Trial Court'. Besides, under the said order of 15.01.2019 , [Annexure 'L' to the Misc. 'MoA] the trial Court was also directed to settle all the 'controversies' between the parties within a period of three [3] months w.e.f. 15.01.2019 and before distribution of assets amongst the legal heirs of deceased. 21. The 'material part' of order dated 15.01.2019 , passed in Misc. Appeal No. 69 of 2018 [Mst. Hina Qavi Khan and another v . Mst. Rabia Qavi and 5 others], by a learned Single Bench of this Court, reads as follows:- The orders clearly indicates that the trial Court has not finally determined entitlement of distribution of assets with reference to the question of implication/effect of nomination in insurance policies. However the trial Court has directed the appellant to deposit the entire amount of insurance policies realized by her from difference insurance companies. On 16.11.2018 this Court has directed the appellant to deposit the entire amount, however , before the trial Court, instead of complying the order in letter and spirit, the appellant moved another application under Section 151 C.P.C., requesting the Court to allow her to deposit only Rs.7,000,000/- out of total amount of Rs.10,061,147/- thereby making short deposit by Rs.3,0 61,147/-. The said application has been dismissed by the trial Court. Through the application listed today at Sr.No.1, learned counsel is seeking modification in the order dated 16.11.2018 so the appellant may deposit the said amount. Learned counsel for the respondents contends that the respondents are also beneficiaries in the entire amount of insurance policies realized by appellant. However , she also admits that appellants ' share out of total assets of the deceased, is supposed to be around Rs.3,061,147/- or more, therefore, since appellants for whatever reason are not in a position to deposit entire amount, without prejudice to the final outcome of the claim of either side, the respondents shall be entitled to recover the equivalent amount of Rs.3,061 147/- from the funds deposited with Nazir . The remaining amount in the hands of trial Court will be disbursed according to law after hearing of both the parties. The trial Court is directed to settle all the controversies between the parties within three months before distribution of assets. In view of above facts and circumstances, appellants are directed to deposit Rs.7,000,000/- within twenty four hours hereof [Emphasis supplied]. With the above observations, listed application as well as this Misc. Appeal stands disposed of. 22. As evident from the aforesaid order of 15.01.2019 , the Appellants herein, [Respondents in Misc. Appeal No.69 of 2018], were allowed to withdraw a sum of Rs.3,061,147/- from the funds deposited with the Nazir of the learned District Judge, Karachi-Central, however , 'without prejudice' and subject to the 'final outcome' of the claim, which
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amount, as stated in the sum of Rs.30,61 147/-, was less deposited by Respondents herein [Appellants in Misc. Appeal No. 69 of 2018 ]. 23. Pursuant to and in 'compliance' with order dated 15.01.2019 when, SMA No.921 of 2017 , filed by Respondent No.1 herein, came-up before the learned IInd Additional District Judge, Karachi-Ce ntral, on 26.03.2019 , then after hearing learned counsel for the parties, the 'impugned order herein, of 26.03.2019 , was passed. This time, thus, the Appellants feeling 'aggrieved' by and 'dissatisfied' with order dated 26.03.2019 , passed in SMA No.921 of 2017, by learned IInd Additional District Judge, Karachi-Central, opted to approach this court by way of filing the instant Misc. Appeal No. 12 of 2019 [Mst. Rabia Qavi daughter of Abdul Qavi Khan and 4 others v. Mst. Hina Qavi Khan widow of Abdul Qavi Khan and 4 others ] 'inter alia' with a prayer for setting aside the 'impugned order' dated 26.03.2019 [Annexure 'A' to the Misc. MoA]. 24. On 08 04 2019 when the instant Misc. Appeal No.12 of 2019, came-up before this Court, then while, issuing notices to the Respondents for 22.04.2019, till then, parties were directed to 'maintain status quo'. Lastly , upon service, 'objections' on behalf of Respondents Nos.1 and 2, in opposition of the instant Misc. Appeal were also filed. In the 'objection'/'counter affidavit' of Respondents Nos. 1 and 2 herein, not only the adverse 'averments"' assertions' made in Misc. Memo of Appeal herein, were specifically 'denied'/'contro verted' but therein, a prayer has also been sought for dismissal of the instant Misc. Appeal No.12 of 2019, [Mst. Rabia Qavi daughter of Abdul Qavi Khan and 4 others v. Mst. Hira Qavi Khan widow of Abdul Qavi Khan and 4 others] . According to Respondents Nos.1 and 2's stand/versions, taken in their 'objections', the instant Misc. MoA' has been termed as being baseless, and 'devoid' of any merits. The same according to Respondents Nos.1 and 2, as such, is liable to be dismissed with costs. 25. Lastly , on 29.08.2019, when the above Misc. Appeal No.12 of 2019 [Mst. Rabia Qavi daughter of Abdul Qavi Khan and 4 others v. Mst. Hina Qavi, Khan widow of Abdul Qavi Khan and 4 others] , came-up before me then, I heard Mr. Asif Ibrahim, learned counsel for the Appellants and Mr. Kashif Hanif along with Zafar lqbal Arain, learned counsel for the Respondents Nos.1 and 2 and also gone through the available record before me with assistance of learned counsel for the parties minutely . 26. Mr. Asif Ibrahim, learned counsel for the Appellants while, advancing his arguments vehemently contended that learned Court i.e. the Court of learned IInd Additional District Judge, Karachi-Central, has badly failed to properly appreciate the facts of the case in hand, in its' true perspective, as well as, the law involved. Per learned counsel, vide order dated 31.03.2018 , whereby , the 'Letter of Succession' was granted in favour of Respondent No.1 herein , [Petitioner in SMA No.921 of 2017] , the Respondent No.1 herein, no doubt, was 'entitled'/ 'authorized' to collect the amounts on the basis of 'Succession Certificate' issued on 11.05.2018 , from the concerned Bank/Department but, indeed, thereafter , Respondent No.1 herein,…
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