SHC tells sessions court to release shares of two siblings

The Sindh High Court (SHC) has directed a district and sessions court to release the defence savings certificates of two siblings whose inheritance shares as minors were deposited with an official of the court in an inheritance in 1984.

The directive came with regard to a petition filed by Qamar Jehan against the refusal of the district and sessions court (South) to return the savings certificates with profit that had been deposited on September 27, 1984. 

The petitioner’s counsel, Agha Syed Attaullah Shah, submitted that his client’s spouse, Abdul Ghani, expired on August 1, 1983, and it was ordered in the succession case that the shares of his minor children be deposited with the Nazir of the sessions court under a profitable scheme, and that the certificates with profit would be returned to them after they became adults.

The SHC heard that the woman approached the sessions court for obtaining the certificates, but the judge directed her on February 2, 2015, to approach the competent court for filing a suit for their recovery.

The counsel argued that the district court’s observation was not in accordance with the law as the petitioner had deposited the shares of her children with the Nazir of the sessions court and the minors after attaining the age of adults were legally entitled to receive their shares. He requested the court to set aside the sessions court’s order and direct it to release the shares along with profit. 

State counsel Asadullah Lashari did not oppose the petitioner’s request. He however submitted that the shares and profit would be released after due verification and identification of the minors. The court allowed the petition and directed the district and sessions court to release the certificates with the profit after due verification and identification in accordance with the law.