Claiming Family Pension:
Table of Contents
- Introduction
- Case Background
- What the Daughter Asked For
- What the Opponent Said
- How the Court Explained the Law
- The Court’s Final Decision
- Need Help? Contact Muhammad Amin Advocate
Introduction
This guide explains a case where a woman claimed her right to a family pension after her father’s death. The court looked at whether she could apply for the pension after filing for other assets earlier.
Case Background
The woman, the eldest unmarried daughter of her late father, wanted a share in his monthly pension. According to the rules amended on 16 February 1999, she believed she had the right to the pension until she got married.
In 2009, she filed for a succession certificate but only asked for money in her father’s bank account. She didn’t include the family pension in that application. Later, she applied again to claim her share of the pension.
What the Daughter Asked For
The daughter said she had the right to the pension because of the amended rules. She explained that her claim still existed because she was unmarried and had not given it up.
What the Opponent Said
The opponent argued that her second application was not valid. They said she had already filed for a succession certificate in 2009 but didn’t include the pension claim. They pointed to Order II Rule 2 of the Code of Civil Procedure (CPC), 1908, which says a person cannot make new claims later if they left them out earlier.
How the Court Explained the Law
Rules Under the Succession Act
The court said the Succession Act, 1925, has its own rules. These rules allow people to apply for specific claims without including everything at once. Section 323 of the Act ensures that courts handle these cases quickly and simply.
Why CPC Rules Do Not Apply
The court explained that CPC rules do not control cases under the Succession Act. The Succession Act has its own process for deciding claims. Courts can use CPC rules only when the Succession Act does not cover something specific.
The Court’s Final Decision
The court ruled in favor of the daughter. It said she had the right to file for the pension even though she didn’t include it in her earlier application. The court also said the High Court made a mistake by using CPC rules in a case covered by the Succession Act.
Need Help? Contact Muhammad Amin Advocate
Do you need help claiming a family pension or handling legal matters? Muhammad Amin Advocate can guide you. He has over seven years of experience and understands family and succession laws well.
You can visit him at Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar, or call him directly at 0313 9708019.
Muhammad Amin Advocate provides simple and effective solutions for his clients, ensuring they understand their rights and options.